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MEAT AND FOOD 
INSPECTION 



BY 

WM. ROBERTSON, M. D., D. P. H. F. P. S. 

Medical Officer of Health, Leith; Formerly Medical Officer of Health, Perth and Paisle.v; Author 

of 'Practical First Aid' (3rd Edition); Joint Author of 'Sanitary Law and Practice'; 

Lecturer on Public Health, Royal College of Surgeons, Edinburgh; Lecturer 

on Public Health, Women's College, Edinburgh; Examiner in Pulilic 

Health, Conjoint Board, Scotland; Examiner in Public 

Health, Incorporated Sanitary Association. Scotland 



WITH 

Regulations Governing Meat Inspection in 
the United States 



BY 

MAXIMILIAN HERZOG, M. D. 

Professor of General and Comparative Pathology in the Chicago Veterinary College; Pathologist 
to the Michael Keese Hospital; Expert of the Chicago Stock Yards Investigation Commis- 
sion of the Illinois Manufacturers and the Chicago Commercial Associations: 
Late Pathologist to the Bureau of Science, Manila. Philippine Islands 



CHICAGO 

W. T. KEENER & COMPANY 
90 WABASH AVENUE 

1908 i. 



.A^ 
^^\,^ 



||UBRARYofOOM«5f»E.SS 
iwo Copies riecwvj. 

MAY 1 1908 

\im%^flr -KXC. «... 

rLO S'Sin 



COPYRIGHT, 1908 

BY 

W. T. KEENER 



%aO 



t 



PREFACE 

The subject of Meat and Food Inspection is so important and inter- 
esting that the small amount of attention paid to it by the student 
of public health is cause for surprise. 

Every student of medicine possesses the requisite knowledge of 
pathology which will enable him to pronounce opinions upon the 
varied post-mortem conditions encountered among animals intended 
for human food. The layman of intelligence who gives the subject 
close study can also be trusted to form a judgment as to the fitness 
or otherwise of meat for human consumption. It is not suggested 
that the position of the veterinary surgeon should be usurped. 
His pre-eminence is recognized by statute, since the Public Health 
Acts demand the production of a separate report from a duly 
qualified veterinarian when living animals are to be examined. 

Since few sanitary authorities can afford to retain the services of 
a veterinary inspector whose time would be devoted to the systematic 
examination of living and dead animals, it is the duty of every 
public health official to perfect his knowledge, so that he may fill 
an existing gap in the administrative machinery of present-day 
sanitation. 

Special effort has ■ therefore been made to deal, as fully as the 
limits of this volume would permit, with such questions as housing 
of dairy stock, the control of the milk traffic, and the distribution 
of milk. The milk traffic in Great Britain is in a most unsatis- 
factory condition. It is only by combined and intelligent effort 
that it can be raised to a uniform level of excellence. 

Slaughter-houses and meat inspection have also been carefully 
considered, in order to arouse interest in a traffic which in many 



vi PREFACE 

instances is supervised in a very slipshod fashion, and not infre- 
quently by incompetent persons. The embodiment of the laws 
bearing upon food, housing of animals, etc., will, it is hoped, enhance 
the utility of the book for the busy official, for whose benefit the 
leading decisions have been included under their respective sections. 
To R. H. Miller, S.S.C, Public Prosecutor, Leith Burgh, I am 
specially indebted for the painstaking care he has bestowed upon 
this section of the book. His great experience entitles him to deal 
in an authoritative manner with the many important and inter- 
esting decisions he has collected and condensed. My thanks are 
also due to Dr. Charles Porter, Medical Officer of Health, Finsbury, 
for his trouble in revising the proofs. 

The student who desires to acquire a more intimate knowledge 
of meat inspection cannot do better than read Ostertag's excellent 
' Handbook of Meat Inspection.' 

W. ROBERTSON. 

Leith, 
February, 1908. 



CONTENTS 

CHAPTER I 



PAGE 

INTRODUCTORY ------ ^ 1 



CHAPTER II 

THE SITES, STRUCTURE, AND VARIOUS TYPES OF COWSHEDS, 

PIGGERIES, AND STABLES - - - - - 5 

CHAPTER III 

SOME FACTS CONCERNING MILK-SUPPLIES- - - - 32 

CHAPTER IV 

TUBERCULIN AND MALLEIN TESTS PREPARATION OF VACCINE 

LYMPH - - - - - - - 5 2 

CHAPTER V 

SLAUGHTER-HOUSES: GENERAL CONSIDERATIONS - - "57 

CHAPTER VI 

THE APPEARANCES OF HEALTHY AND DISEASED ANIMALS - 77 

CHAPTER VII 

ANATOMICAL CONSIDERATIONS - - - - - 8l 

CHAPTER VIII 

METHODS OF SLAUGHTER- - - - - 92 



viii CONTENTS 

CHAPTER IX 

PAGE 

THE APPEARANCE OF THE MEAT OF ANIMALS UNDER VARYING 

CONDITIONS - - - - - - 99 

CHAPTER X 

PRESERVATION AND STORAGE OF MEAT - - - - IIO 

CHAPTER XI 

THE DISEASES MOST COMMONLY SEEN IN THE ABATTOIR - II5 

CHAPTER XII 

OTHER CONDITIONS MET AT THE SLAUGHTER-HOUSE - - ^39 

CHAPTER XIII 

FISH, OYSTERS, MUSSELS - - - " '47 

CHAPTER XIV 

PTOMAINE AND FOOD-POISONING - - - - " ^52 

CHAPTER XV 

RETAIL SHOPS AND FARM PRODUCE - - - . 156 

CHAPTER XVI 

prosecutions: various examples - - - " 163 

The Laws Relating to Food Inspection, Housing of 

Animals, Etc. - - - - - - 167 

Appendix - - - - - - - 34q 

List of Acts and Enactments Quoted - - " 35^ 

Abbreviations Used in Cases Cited - - - - 35^ 

Table of Cases Cited - - - - -' - 353 

Index -------- 364 



LIST OF ILLUSTRATIONS 

FIG. PAGE 

1. SECTION" OF Side of Cowshed - - - - - 14 

2. Plan of Second Type of Cowshed - - - - I5 

3. Section of Cowshed -- - - - -16 

4. Elevation of Cowshed - - - - - -16 

5. Section of Third Type of Cowshed - - - - 17 

6. Side Elevation of Cowshed - - - - - 18 

7. Section of Third Type of Cowshed - - - - 19 

8. Side Elevation, showing Louvres - - - - 20 

9. Section of Fourth Type of Cowshed - - - - 20 

10. Front Elevation and Section of Suggested Cowshed - 21 

11. Plan of Suggested Cowshed - - - - - 21 

12. Back and Side Elevation - - - - - 21 

13. Drainage System of Modern Cowshed - - - 22 

14. Piggery of Modern Type - - - - - 25 

15. Plan of Double Pigsty - - - - - - 26 

15. Side Elevation of Pigsty - - - - - 26 

16. Condemned Pigsty - - - - - - 27 

17. Ulcers on Cow's Teats - - - - - - 34 

18. 'Ulax' Filter - - - - - - - 40 

19. Milk-Chiller - - - - - - -41 

20. Milk-can - - - - - - - -42 

21. Tuberculous Udder - - - - - - 44 

22. Plan of Milk-shop - - - - - - 49 

23. Plan of Milk-shop - - - - - - 50 

24. Temperature Charts (Tuberculin Test) - - - 54 

25. Plan of Leith Public Slaughter-house - - - 69 

26. Plan of German Type - - - - - -71 

27. Steam Digester - - - - - - -75 

28. Carcass of Animal showing Position of Glands - - 90 

29. Killing with Pole-axe - - - - - - 93 

30. Alternative Method of Killing - - - - 94 

ix 



X LIST OF ILLUSTRATIONS 

FI^- PAGE 

31. Leather Mask - - - - - - "95 

32. Greener's Shooting Instrument - - - . ^5 

33. Dentition - - - - - - - 100 

34. Quarter of Heifer ------ jqj 

35. Quarter of Cow ------- jo2 

36. Quarter of Ox -----__ jq. 

37. Tuberculous Carcass - - - - - - 120 

38. Head of T^nia Solium ------ j^, 

39. Trichina Spiralis ------ jaa 

40. DiSTOMA HePATICUM ------ j^,- 



MEAT AND FOOD INSPECTION 



CHAPTER I 
INTRODUCTORY 

Preliminary considerations — Tuberculosis among cattle — The unsatisfactory 
conditions under which animals are housed — The difficulties of the 
official — Foreign meat and its freedom from tuberculosis — Out-door 
life a preventive. 

Every public health official, be he a medical officer of health or 
sanitary inspector, ought to be competent to advise, examine, and 
report upon foods of various kinds. Too little attention has been 
paid to this branch of the student's studies. Any knowledge gained 
has been of a perfunctory nature — sufficient, in fact, to enable the 
student to answer a few questions at an examination. 

Now that increasing attention is being centred upon the milk 
and meat supplies of this country, greater care and skill will be 
expected in the administrative control of foods. It will only be 
when an army of well-trained sanitarians makes its presence felt 
throughout the country that the necessary level of excellence will 
be reached. It is to be hoped that legislation will not be a-wanting 
to assist the official. At present there is a lack of uniformity in the 
control of meat and milk supplies in Great Britain and Ireland. 

This condition of affairs is neither creditable to this country, 
nor is it satisfactory either to the retailer or the consumer. 

The questions underlying the collection, storage, and preparation 
of foods are full of importance. Endeavour has been made in the 
subsequent pages to arouse a new interest in the subject by dealing 
with it in a manner which differs from that usually followed. To 
thoroughly master the subjects dealt with, the student is strongly 



2 MEAT AND FOOD INSPECTION 

advised to make repeated visits to slaughter-houses, cowsheds, etc. 
He will soon realize that this branch of public health work is full 
of varying interest. For instance, after he has paid a few visits to 
a slaughter-house, he will be struck with the fact that tuberculosis 
among cattle is very prevalent, and that many carcasses are ren- 
dered unfit for human food on account of the presence of tubercu- 
losis in them. 

Closer investigation will prove that such animals as have been 
confined in dark and ill-ventilated sheds are the worst sufferers 
from this disease. Horses and sheep are very rarely affected by 
tuberculosis, their mode of living protecting them. Only occa- 
sionally does one meet with tuberculosis in the pig. The writer 
has, however, encountered tuberculosis in piggeries attached to 
large creamery establishments where part of the animals' feeding 
consisted of by-products from the surplus milk, the probable ex- 
planation of this occurrence of tuberculosis among the pigs being 
the consumption of milk containing tubercle bacilli, coming, no 
doubt, from infected udders. 

A cursory examination of the usual type of cowshed of the 
present day will, by its general unwholesomeness, reveal why 
tuberculosis is so common among dairy cows. The dairyman 
dislikes light and ventilation. Too much light, he maintains, inter- 
feres with the feeding of the animals by permitting them to see 
so well that they are readily startled. The hollowness of this 
argument may be instantly proved when one learns that in the 
best dairying counties of England and Scotland the more enlight- 
ened farmers invite light into their cowsheds. Ventilation, according 
to the conservative-minded cow-feeder, is productive of draughts, 
which in turn cause chills, ' weeds ' (mastitis), with consequent 
shortage of milk. Any intelligent person knows that a good 
system of ventilation will not induce draughts, also that any interior 
unprovided with means for the inlet of fresh air and the outlet of 
foul air must become an unhealthy place. Cows accustomed to 
live like hot-house plants will, when exposed to a cold atmosphere, 
undoubtedly yield smaller quantities of milk. On the other hand, 
cows trained to live in temperate and well- ventilated byres give a 
better and more uniform supply of milk than their less fortunate 
fellows. 



INTRODUCTORY 3 

It is accordingly not difi&cult to understand why cows destined 
to be stalled from one year's end to another in insanitary sheds are 
very prone to suffer from tuberculosis. As has been said, experience 
at the slaughter-house soon proves this to be true. 

The adoption of regulations dealing with the construction of 
cowsheds, and systematic inspections by sanitary officials, have 
done much to improve the lot of the unfortunate cow. But when 
one knows that in many districts no regulations have been framed, 
and where framed, are frequently not zealously enforced, one 
cannot Wbnder why tuberculosis is so common among dairy stock. 

Cowsheds should not be permitted within the environments of 
our large cities. Unfortunately, no statutory powers compel 
the removal of cowsheds to the outskirts of towns. If a cow- 
shed can be proved to be a nuisance, or is causing injury to the 
health of the citizens, proceedings may be taken to have the 
nuisance abated ; but one would be loath to take such a drastic 
step against an owner whose premises are either comparatively 
new or of good sanitary construction, and in conformity with the 
regulations framed by a local authority. 

Should a cowshed be in a dilapidated condition, it may be con- 
demned as unfit for use as a place for housing animals. If the 
owner is proprietor of the ground on which the condemned shed 
stands, he may, unless local acts or by-laws provide against it, 
proceed to build a new set of premises. No law enables one to 
anticipate a nuisance. If the official could prevent the erection of 
cowsheds where they are likely to give rise to nuisances, the gradual 
extinction of town cowsheds might be early hoped for. As matters 
stand, one must wait until a nuisance actually occurs before taking 
any action. 

Many cows, after ceasing to yield milk, are retained and fed in 
the cowshed, with the object of being sold to the butcher. The 
flesh of these animals is never very satisfactory, since it is coarse, 
dry, and lacking in the fatty marbling, characteristic of healthy 
beef. 

It is a significant fact that, since the importation of large quantities 
of foreign animals and frozen beef became possible, the trade of 
our slaughter-houses has largely diminished. These foreign 
animals are in as good, if not better, condition than home-fed 

I — 2 



4 MEAT AND FOOD INSPECTION 

cattle, and butchers have found it to their interest to deal in other 
than home-fed stock, the purchase of which has attached to it 
the risk of condemnation on account of tuberculosis. In passing 
it may be explained that a system of mutual insurance on behalf 
of dealer and buyer may obviate any risk of loss. But in the trade 
they do not see eye to eye with regard to insurance : the system 
is accordingly not a universal one. Where it is in operation it 
works well. 

To return to foreign meat, it may be said that it is very free from 
tuberculosis, because the slaughtered animals had been accustomed 
to lead an exclusively outdoor life. 

In this country tuberculosis is not common among stock grazed- 
in the open. Highland cattle being noteworthy examples of this 
truth. Irish cattle for the same reason are healthy, though the 
poor pasture on which they feed causes them to be very thin. 
The natural robustness of these lean animals from Ireland renders 
them eminently suitable for dairying purposes. True, they do not 
yield so much milk as, for instance, the delicate and pure-bred 
Ayrshire cows, but they resist the onset of tuberculosis when con- 
fined in cowsheds. With these facts before him the student will be 
more able to appreciate the points that should be attended to in the 
designing of hygienic cowsheds. 



CHAPTER II 

THE SITES, STRUCTURE, AND VARIOUS TYPES OF 
COWSHEDS, PIGGERIES, AND STABLES 

Arrangement of farm-buildings and their amenities — Milk stores — Materials 
used in building cowsheds. — Internal structure, roof, smooth walls, 
floors, stalls, feeding-trough, manure channel — Water-supply, lighting, 
sizes and positions of windows — Ventilation, temperature of internal 
air, sizes of inlets and outlets, positions of these — Changes of atmosphere 
necessary — Cubic capacity : requirements of regulations — Country cow- 
sheds often unsatisfactory — Floor space — Sizes of stalls — Drainage of 
cowsheds, position of gully-trap, slope of manure-channel necessary — 
Piggeries and pigsties, proximity to dwelling-houses — Control only 
possible if by-laws exist. — ^Methods of housing pigs, structure of sties — 
Necessity for cleansing — Occurrence of swine fever — Piggeries — Set of 
by-laws — Stables — cubic capacity, structure, drainage, relation to 
living-rooms. 

It has already been said that cowsheds should not be built in 
towns, but in country districts. While this assertion may be true, 
and the principle an ideal one to advance, it inust be qualified by 
the statement that it is better to permit cowsheds in towns where 
a strict and efficient control is exercised over them than in districts 
where laxity in administration is often conspicuous. Cowsheds in 
country districts must be erected on dry soil, and on a spot which 
can command shelter from north and east winds. In such a work 
as this one cannot pretend to enter fully into the question of dis- 
position of buildings about a farm. It will be sufficient to indicate 
that, in the planning of the buildings, economy of labour must be 
kept in view. This is achieved by correct grouping. 

When a farmer is chiefly concerned with the rearing and feeding 
of stock for the butcher, the granary and food-preparing houses 
must be in direct communication with the cattle-sheds. Every 

5 



6 MEAT AND FOOD INSPECTION 

facility must also be provided for the expeditious feeding of the 
animals. In the case of the dairy-farm, on the other hand, the 
chief concern is the adequacy as well as the convenience of the 
rooms where milk is stored or mixed for distribution and sale. The 
provision of places for the cleansing and storing of milk vessels must 
also be ample, and in close touch with the milk-house. 

Most farms are arranged in such a way that the sheds, stables, 
and outhouses form a square. This plan is a labour-saving one. 
In connection with dairy-farms, it must be kept in mind that the 
milk-houses must have no internal communication with cowsheds 
nor with dwelling-houses. The latter condition is one that ought 
to be strenuously urged and enforced. Manure-heaps must not be 
in close proximity to stored milk ; piggeries ought to be as far 
away as possible. 

It might be well to indicate in passing the features which ought 
to characterize a good milk store attached to a dairy-farm. In 
the first place, the inside walls, floors, and ceiling ought to be 
smooth. Cross-beams in a milk-house harbour dust and spiders' 
webs. A lath-and-plaster ceiling is a good type of structure to 
adopt. Cement on the inner aspects of the walls, with concrete 
floors, will provide the smooth surfaces desired. The tempera- 
ture in a milk-house ought to be equable. To secure this the 
walls ought to be double, with the window or windows facing 
north. A double wire-woven network may take the place of double- 
glass windows. Fine netting, though generally favoured, is not an 
effective barrier against dust, especially in warm and dry weather. 
Lastly, the shelves ought to be of some impervious material — e.g., 
iron or slate slabs. 

Material. — A good cowshed should be built of stone or brick. 
Wooden erections may be wind and water tight during the early 
months of their existence, but traces of disrepair gradually manifest 
themselves. Moreover, woodwork about the walls, or in close 
proximity to the stalled animals, is to be deprecated, since the aim 
must be to secure impervious internal surfaces. 

The roof may be constructed of any durable material, such as 
slates, red tiles, or corrugated iron. The only woodwork permissible 
in a cowshed should be found in the windows, roof and cross-beams. 
Though it may add to the initial expense of erection, it will be well 



COWSHEDS, PIGGERIES, AND STABLES 7 

to advise the varnishing of all internal woodwork. This facilitates 
the periodical sweeping down and cleansing of interiors. 

The cowshed of the careless dairyman usually harbours quantities 
of spiders' webs among the rafters and cross-beams. Any suggestion 
of slovenliness is stoutly denied by the farmer, who declares that 
cobwebs are effectual traps for flies, thus freeing the cows from 
molestation, the dust on the cobwebs being a secondary con- 
sideration. When the supporting beams of the roof rest on the 
wall head, recesses for dust and cobwebs should be obviated by 
beam-fiHing (Figs, i, 2, 5). 

Inside Walls. — Where expense is not to be seriously considered, 
in order to make the cowshed perfect, the inside walls may be 
covered up to the wall head, or to the height of 6 feet, with enamelled 
bricks or |-inch tiles. Subsequent cleansing of the walls is thus made 
easy, and the brightness of the interior greatly enhanced. Usually 
the internal wall surfaces are rendered with cement to a height 
of 6 feet. But in all new cowsheds cementing ought to be carried 
right up to the wall head. 

Floors. — It is of primary importance that the floors should be 
of good construction and impervious to moisture. The best material 
to employ for flooring is concrete covered with a layer of cement, or 
Caithness flagstones with a rough graining. The disadvantages of 
the latter are that in the course of time, and especially if not well 
bedded, depressions are liable to occur at the junctions of the slabs. 
Fortunately the stock-owner agrees that cement laid on concrete is 
the best composition for the construction of floors. In the stalls of 
the animals, as well as along the feeding passages, hard blue bricks 
may be employed, but never in the manure channel itself, since the 
many junctions and indented surfaces of the bricks offer every 
facility for the lodgment of filth. The bottom and sides of the 
manure channel should be rendered smooth with cement. 

A problem that has not been solved is the provision of a stall 
floor composed of material that will be easy on the reclining animals' 
knees. Tar macadam is objectionable, because the heat of the 
animals' bodies will soften the flooring, and by adhering to the 
teats will taint the milk. The hardness of the bed for the animal 
may be overcome by the provision of straw or clean non-odorous 
bedding. Unfortunately straw is not a cheap commodity, conse- 



8 MEAT AND FOOD INSPECTION 

quently the cows often suffer from the ill-effects of hard stall floors. 
A floor constructed in whole or in part of earth, wood, or porous 
bricks ought to be unhesitatingly condemned. With regard to the 
stall itself, that portion on which the animal stands ought to be 
level, but immediately beyond should show a slope of i to 2 inches 
towards the manure channel. 

The Stalls. — Consideration has already been giyen to the 
flooring of the stalls. The partitions of the stalls, known as division 
blocks, should be smooth and plain, stone or slate slabs, blocks of 
concrete covered with cement, or, better still, cast-iron, being 
utilized. Wooden division blocks are only to be found in old cow- 
sheds. As a rule cows are stalled in pairs, and while the length of 
8 feet is allowed for each stall, its breadth is usually limited to 
7 feet 6 inches. The latter measurement is too small for the comfort 
of the animals, but economy in cost leads to economy in space in 
the erection of most cattle-sheds. When animals are singly stalled, 
the breadth between division blocks ought not to be less than 4 feet. 
The height of the division blocks need not exceed 5 feet. 

Feedlng'-Troug'h or Mangier. — For the comfort of the animal 
the feeding-trough must not be too high. It is usually built in a 
little above the level of the stall floor. When animals are stalled 
in pairs, the feeding-troughs should be separated from each other 
by an intervening space of one foot. This prevents the animals from 
stealing one another's food. Cows consume large amounts of water, 
and ample provision ought to be made for providing the animals 
with this commodity. It is a common practice among dairymen 
to mix salt among food-stuffs in order to induce the cows to drink 
large quantities of water, with the object of promoting the flow 
of milk. The best mangers are made of glazed stoneware or en- 
amelled iron, care being taken that all corners are well rounded to 
facilitate cleansing, and to prevent the deposit and lodgment of dirt. 

Manure Channel or Grip. — Immediately behind the stall 
is the manure channel, which ought to be at least 2 feet wide and 
6 inches deep. To aid the flow of urine the floor of the manure 
channel is sloped as shown in Fig. 5. To expedite the flow of 
urine some authorities advocate the provision of a narrow channel 
deeper than the manure channel, and running alongside it. It 
remains to be said, however, that this additional channel will 



COWSHEDS, PIGGERIES, AND STABLES 9 

militate against the easy and rapid bi-daily clearing away of manure 
from the grip, since a brush or shovel is likely to sweep solids into 
the narrower channel. 

Water-Supply. — ^The water-supply of a cattle-shed must not 
only be ample, but of unimpeachable purity. It must be ample in 
order to render it possible to periodically flush out every portion 
of the interior of the shed. This can be best achieved by leading 
water-pipes into the interior of the shed. A hose-pipe will complete 
the equipment for douching floors, manure channels, etc. Con- 
taminated water will act injuriously upon the animals by producing 
diarrhoea. Needless to say, the employment of such water to wash 
out butts, milk-cans, etc., is not only reprehensible, but dangerous. 
How a water-supply is to be safeguarded against pollution need not 
be discussed here. 

Lig'hting". — The old-fashioned ideas adhered to by some owners 
of stock regarding the evil influence of light must be brushed 
aside by putting regulations into operation. If dark interiors are 
unsuitable for human habitations, want of light is also inimical to 
the health of cattle and other domestic animals. 

Diversity of opinion exists regarding the position of windows 
for lighting purposes. Some authorities insist upon having only 
roof-lights facing north ; otbers believe in the provision of windows 
on the walls. Which method is to be preferred is quite immaterial. 
The point to be aimed at in all cowsheds is the provision of 3 square 
feet of window space to each stalled animal. The great advantage 
possessed by windows on the side, or gable walls, is that they may 
be utilized not only for lighting, but also for ventilating purposes. 
This will be possible if each window in whole or in part is constructed 
to open inwards on bottom hinges. 

In order to maintain wholesome interiors, and to ensure that the 
animals are kept in a cleanly state, the lighting of a cattle-shed must 
be one of its most important features. 

Ventilation.- — An ill-ventilated house or cowshed is an abomi- 
nation. Its very unwholesomeness makes one marvel how the 
inmates can preserve their health. If we are ever to eliminate 
tuberculosis from our home-fed cattle, we must drill the stock- 
owner until we convert him to appreciate the incalculable benefit 
of fresh air. Only a sentence is necessary in which to remind the 



lo MEAT AND FOOD INSPECTION ^ ^ 

reader how great a revolution has been wrought in the treatment of 
human tuberculosis by the rigorous application of the fresh-air 
system. In the Manchester Zoological Gardens monkeys born in 
Central Africa have, in order to safeguard them against tuberculosis, 
been trained to live in cages the fronts of which are freely exposed to 
the open air. We must therefore strenuously advocate the fresh-air 
cult to every cow-feeder of the British Isles. It is a complete 
fallacy to declare that animals, more especially milk-cows, will 
neither thrive nor yield good supplies of milk in cool interiors. 
They can be immunized against chills by being gradually inured to 
cool temperatures. The term ' cool ' is used in a comparative sense, 
since the interior of the average cowshed usually reaches a tempera- 
ture of between 64° to 70° F. What should be aimed at is a 
maximuni varying between 55° and 58° F. Those who have 
adopted the principle of cool interiors and believe in it are the best 
vouchers for the statements that have been made on this point. 

Unfortunately the regulations framed by the Local Government 
Board are extremely vague on this important question. All that is 
demanded in a cowshed is that there must be ' sufficient ' ventila- 
tion. A theoretical sufhciency is one thing, but a practical one is 
quite another. The aim must be to secure a change of the internal 
atmosphere thrice every hour. The smaller the cowshed, the more 
irksome will this change be to the stalled animals. In large cowsheds, 
on the other hand, ventilation will be much more easily put into 
operation by means of suitable inlets and outlets. 

Elaborate systems are neither necessary nor practicable, because 
they will be neglected, and simple methods are perfectly satisfac- 
tory. At the same time too literal a meaning must not be taken 
from the latter statement, since to permit the provision of too 
elementary structures — e.g., drain-pipes of 2 or 3 inches' diameter — 
to act as inlets and outlets, and placed near the wall head, is an 
obviously wrong and half-hearted attempt at providing adequate 
ventilation. As soon as cold weather sets in every one of these 
small openings will be blocked with straw or sacking, unless they 
are protected by iron gratings built into the wall. 

Windows on the side and end walls opening inwards, on the 
principle of the Sheringham valve, will be found to act as efficient 
inlets.. The outlets should be on or near the ridge of the building. 



COWSHEDS, PIGGERIES, AND STABLES n 

In windy weather those windows on the exposed side of the cow- 
shed may be shut, the others being left open in part or in whole. If 
the windows on the end walls be placed sufficiently high, and made 
to fall inwards like the others, on bottom hinges, they will, when 
open, act as efficient outlets. 

A louvre along the ridge of the cowshed can be controlled by flap- 
valves, so that the side exposed to severe winds may be closed at 
will. Howard's revolving ventilators are most powerful extractors 
of foul air, but depend upon wind for their efhciency. In stormy 
weather, -if the side windows be open, revolving ventilators, if 
numerous, may be too efficient in the sense that they will induce too 
sudden changes in the internal temperature. These ventilators can 
also be controlled by valves placed over their internal openings. 

Where the cows face the wall with a feeding passage intervening 
between the animal and the wall, ventilating grids may be placed 
in the wall on a level with the floor. If these are controlled by flap 
valves, they can be put in or out of action according to the direction 
and force of the wind. 

In one cowshed visited open gratings formed in the internal 
sills of full-sized windows acted as most efficient inlets. In this 
instance, too, there was a feeding passage 4 feet broad between the 
wall and the cows. Only where expense is no barrier will the 
principle of heating incoming air be adopted. During the colder 
months of the year the heating of incoming air has much to be said 
in its favour, because at the risk of partially asphyxiating the 
stalled animals every cranny is closed up by the dairyman to keep 
out the keen frosty air. 

To assist in obtaining a thrice-hourly change of air in a cowshed 
the capacity of each inlet ought to be between 30 and 40 inches 
square for each stalled animal. The outlets must be the same size. 
With a moderate wind blowing the dimensions given will be ample. 
In still weather such openings and outlets will err on the side of being 
too small. Cowsheds in towns are often surrounded by high 
buildings which greatly interfere with air-currents. Under such 
circumstances each inlet and outlet should never be less than 
40 square inches. In exposed positions, on the other hand, all 
ventilating openings must be controlled by suitable valves. 

When cattle are tethered with their heads close to the wall the 



12 MEAT AND FOOD INSPECTION 

fresh-air inlets ought to be placed at least 7 feet from the floor level. 
On the other hand, when the animals stand with a passage inter- 
vening between them and the wall, the inlets, as has been said, 
may be placed at the floor level or slightly above it. 

Down draughts must be avoided by the provision of louvred 
ventilators along or near the ridge, or by Howard's revolving 
ventilators (see Figs. 6, 9). 

Too much importance cannot be attached to this question of 
ventilation, since, as has already been said, the elimination of tuber- 
culosis among home-fed cattle depends upon well-aired cowsheds. 

Cubic Capacity. — Closely allied to ventilation is the question 
of cubic capacity. Some authorities urge that the requirements of 
the Local Government Board are inadequate ; but it is only with 
these regulations we can deal. Moreover, as has already been 
pointed out, the proprietor's first concern in the erection of a farm 
building is to keep down cost. When the prospective builder of a 
cowshed knows that by providing 800 cubic feet of space for each cow 
he can meet the requirements of a local authority, it is idle to expect 
him to build a shed showing a capacity of 1,000 or more cubic feet 
per head. While 1,500 cubic feet may be theoretically and hygieni- 
cally a sound minimum, one cannot go beyond the present-day 
recommendations of 800 cubic feet. As it is, the cubic space de- 
manded is considered by cattle-feeders to be far too liberal. 

In towns, where cows are not privileged to graze on pasture, but 
are confined from one year's end to another, the minimum for each 
animal is 800 cubic feet of air-space. In country districts, on the 
other hand, the space set down is 600 cubic feet. While the former 
measurement may escape criticism, it remains to be said that the 
construction and amenities of a great many country cowsheds leave 
much to be desired. Accordingly, in winter, when the sheds are , 
occupied both by day and night, the atmospheric pollution favoured 
by the limited cubic space recommended is great. 

Even in towns, where the supervision of byres is frequent, it is 
very difficult to enlist the co-operation of the dairymen to provide 
proper ventilation. The imagination must be left to surmise what 
the conditions in country cowsheds are at certain seasons of the 
year, since these byres are only inspected at wide intervals. 

In measuring the cubic space of a cowshed, the regulations 



COWSHEDS, PIGGERIES, AND STABLES 13 

stipulate that ' no space shall be reckoned which is more than 
16 feet above the floor ; but if the roof or ceiling is inclined, then 
the mean height of the same above the floor may be taken as the 
height thereof for the purpose of this regulation.' 

The minimum floor-space permissible for each animal should be 
between 50 and 60 square feet. 

From a health point of view, and for the comfort of the animals, 
they ought to be stalled singly ; but single stalls are, by reason of 
additional cost, seldom employed. When cows are stalled in pairs 
they breathe into one another's faces, the stalls, as usually constructed, 
being much too narrow. The sizes of the stalls may be regulated 
to suit different breeds. For instance, young Ayrshire, Jersey, and 
Kerry cows do not require a stall longer than 7 feet, the breadth 
of stall being between 6| and 7 feet. For larger breeds the length 
should be 8 feet, and the breadth a little less, say, 7 feet 9 inches. 
The length measurements include the feeding-trough space. 

Drainage. — ^The capacity and construction of the manure 
channel or grip have been given. It, however, remains to be said 
that all drain inlets must be situated outside the walls of cowsheds. 
In this direction alone many cowsheds offend. The grip must, 
accordingly, empty its liquid contents into a gully trap situated 
outside the cowshed. The fall in the grip from one end of a byre 
to the other should be at the rate of i inch in 30 inches. From the 
trap there must be properly jointed stoneware or fireclay pipes 
leading to a catch-pit, where solids may be arrested before reaching 
the sewer, if connected with such. A large and properly constructed 
trap (see Fig. 13) will obviate the need for a catch-pit. If a cess- 
pool be necessary, it must be constructed with an impervious 
bottom and sides. 



Various Types of Cowsheds. 

Having detailed the requirements of a hygienic cowshed, it re- 
mains to be said that sheds of four types are in use, the fourth 
described being of comparatively recent adoption in this country. 

Taken in their order of frequency, we find those byres most 
common in which the cows are tethered with their heads quite 
close to the wall. This type is the cheapest to build, and having 



14 



MEAT AND FOOD INSPECTION 



become a stereotyped pattern, finds most acceptance with a class 
of men who rebel at the bare suggestion of novelty in design and 
construction as applied to cowsheds. In this type ventilation is 
rarely satisfactory, and when the weather is mild and wind absent, 
the atmosphere in a shed accommodating twenty or thirty animals 
is usually offensive and oppressive. The cows breathe and rebreathe 
their own and their neighbour's air. Their heads are really in a 
cul-de-sac formed by the wall in front, the division-blocks at either 
side, and the animals' bodies behind (see Fig. i). 




Fig. I. — Section of one side of Cowshed illustrating the Method of 
Stalling Cows with their Heads close to the Wall. 



In such cowsheds, if badly lighted and ventilated, tuberculosis 
and itch may be confidently looked for, itch being an invariable 
accompaniment of filthy interiors and improperly groomed animals. 

The second type is a much better one, its appearance at once 
impressing one with its hygienic superiority over the first-described 
cowshed. In this instance the cows face one another across an 
intervening passage running throughout the length of the byre, 
this central ' feeding passage,' as it is known, not being less than 
4 feet broad. At the rear of the cows is the ' grip,' and behind 
that, again, another 4-feet passage or gangway for those engaged in 
milking or cleansing operations. To be of hygienically sound design, 
there should be no obstructing wall at the animals' heads, since it 



COWSHEDS, PIGGERIES, AND STABLES 



15 



only favours the formation of a cul-de-sac. The obstructing wall 
which is usually built is intended to prevent the animals from 
pushing their bodies forward, and thereby soihng their beds. This 
tendency can be overcome by an efficient system of tethering, or 
by running iron bars in front of the cows, care being taken to avoid 
the possibility of the animals pushing their heads and horns between 




Fig. 2. — Plan to illustrate Second Type of Cowshed. 

Note the commodiousness of the interior as opposed to the former and more 

common type. 

the bars. A more expensive and elaborate system has been success- 
fully employed, metal flaps hinged at the top being introduced. 
By lifting the flaps access to the troughs for filling purposes can be 
obtained (see Fig. 14). For simplicity of design and easy work 
the absence of any other obstruction than the feeding-troughs at 
the heads of the cows is by far the best principle to recommend. 



i6 



MEAT AND FOOD INSPECTION 




Fig. 3. 

The section shows the beam-filling at the wall-head, as well as the position 
of air inlets on side walls, and the air outlets along the ridge, the outlets 
working on the Boyle system. Observe also the circular louvred open- 
ing on the end wall. This opening encourages ventilation. The large 
windows, made to open top and bottom, are also noteworthy. 




EUmHon ^'irh ftMit -Hvitt T^mov^eii, 

Fig. 4. 

The removal of the wall enables one to study the arrangement of the stalls. 
It will be noted that obstructing walls at the cows' heads are reduced as 
far as possible. This arrangement of the parapet encourages the circu- 
lation of air about the animals' heads. 



COWSHEDS, PIGGERIES, AND STABLES 



17 



The third type of cowshed is better than either of the two former. 
In this type the feeding-passage is at the heads of the cows, the 
animals facing the side walls. The cows may face both walls, but 
in this plan the cost of erection is a matter for serious consideration. 
The feeding-passage at the head should in this case, as in the former, 
be not less than 4 feet broad. This style of building has everything 
to commend it. It favours good lighting and ventilation, is easily 
cleansed, and the enterprise which prompted its erection is a 




Fig. 5. — Third Type. 

F, Fanlight opening inwards ; D, division block ; T, feeding-trough ; FP, 
feeding-passage ; C, manure channel or grip. The end window is, like 
those on the side walls, large, but in place of a fanlight has a louvred 
space provided. 

guarantee that the health and cleanliness of the cows will be care- 
fully guarded. It is needless to waste time in trying to dispel the 
objections offered to this form of byre by dairymen. The fact that 
in such byres cows thrive well and yield milk in plenty is sufficient 
answer to the sceptic (see Fig. 5). 

The fourth style of cowshed is more commonly found in Sweden, 
Holland, and Germany than in this country. Those who favour 

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MEAT AND FOOD INSPECTION 




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COWSHEDS, PIGGERIES, AND STABLES 



19 



this type have no hesitation in preferring it to any other. It is of 
simple design, and inexpensive. The animals face one another 
across a central feeding-passage. There are neither obstructing 
partitions nor division blocks, the cows standing on short stalls, 
and tethered closely to their mangers. The stall is purposely short, 
because, when recumbent, the cow's buttocks hang over the edge 
of the manure channel. When the animal rises she can push for- 
ward her head, her movement being in no way impeded by obstruc- 




FiG. 7. — Third Type, with an Alternative Arrangement of the 

Ridge Louvre. 

Take note of the dip in the manure channel to one side. P, hole in wall 
for giving exit to manure channel. 

tions ; but she is prevented from pressing too far forward by a 
designedly short halter, and cannot readily soil her bed (see 

Fig- 9)- 

Calves. — ^Attached to all cowsheds in connection with farm stead- 
ings there ought to be one or two small stalls for calves, arranged in 
the form of loose-boxes. In towns the dairyman seldom breeds 
his own stock. He prefers to buy newly-calved cows. In country 
districts, on' the other hand, the farmer usually rears his own dairy 
cows. When, as sometimes happens, calf-boxes are placed inside 

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COWSHEDS, PIGGERIES, AND STABLES 







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COWSHEDS, PIGGERIES, AND STABLES 23 

cowsheds in dark corners, in order to hasten the fattening of calves, 
the practice ought to be condemned and stopped. 

If the cowshed ought to be well lighted and ventilated, so must 
the calf -house. The bedding ought to be clean, and the young 
animals early inured to fresh air, a luxury too often withheld 
from the parent. When a calf-house is meditated in connection 
with a farm, the young animals should not be kept too near the 
mothers, whose milk production may be disturbed by the cries of 
their young. In connection with calves, it is right to emphasize the 
importafice of preserving cowsheds in a cleanly and fresh state, 
since in the midst of filth, as can be readily understood, newly-calved 
cows readily develop septicaemia, which is analogous to puerperal 
fever in the human being. A few visits to the abattoirs will soon 
show how many cow carcasses are condemned on account of this 
very fatal disease. It is a lamentable fact that many cow-feeders in 
this country are, from a sanitary standpoint, unteachable. 

The Housing- of Fat Cattle. 

Many cattle-feeders breed and keep animals with the sole object 
of fattening them for the butcher. 

Highland cattle are often permitted to make the best of life in 
the open air, summer and winter, their shaggy coats protecting 
them from the rigours of our wintry climate. In summer these 
hardy-looking animals wander far over the hillsides, repairing in 
winter to low-lying ground, where their deficient natural feeding 
must be supplemented by turnips and hay. 

Most stock-owners make ample provision for the housing of cattle 
in winter. In some instances the unfortunate brutes are huddled 
together in dark, ill-ventilated sheds under conditions too often 
encountered in connection with dairy-farms. The more enlightened 
stock-owner prefers a large yard, which may be covered over in 
part or in whole. 

In the former case the shed forms a hollow square. Under- 
neath this shed the fattening animals may shelter during 
inclement weather, feeding and drinking mangers being ranged 
round the walls. The open space in the centre of the couit- 
yard is where the animals are permitted to roam about at their 



24 MEAT AND FOOD INSPECTION 

own free-will. Unfortunately, the keeping of fat stock in this 
fashion is often made the opportunity to accumulate manure. 
It thus happens that in the course of some months the entire surface 
of the yard is covered over by manure to a depth of several feet. 
It can scarcely be contended that this is a sanitary procedure. 
In some instances the manure is removed once or twice every week. 

When the animals are sheltered under completely roofed-in 
courts, they are usually fed from mangers replenished from passages 
running round the large pens. 

Lastly, one may come across premises in which cattle are stalled 
in well-ventilated sheds fashioned on modern lines, with well-con- 
structed walls and floors. The lighting is often poor, but it is 
intentionally so, since cattle are supposed to feed better and fatten 
more quickly in not over-bright interiors. Be that as it may, 
one need not be unduly concerned regarding the inadequacy of the 
ventilation, since the animals will only be confined in such sheds 
for comparatively short periods. 

Pigrg-eries and Pig-sties. 

Pigs should not be kept in towns, since, no matter how well 
constructed the sty may be, the pigs themselves readily provoke 
nuisance. The pig is not naturally a dirty creature, though it 
thrives under conditions that would be injurious to the health of 
any other animal. If the supervision of pigsties is not syste- 
matically practised, many complaints will reach the official regarding 
them. 

No pigsty should be placed within lOO feet of a dwelling-house, 
and every effort ought to be made to relegate pig-keeping to the 
outskirts of populous districts. Not only is the smell from ill-kept 
piggeries very offensive, but the noise of the animals is now and 
again very disconcerting. 

It is always wise to recommend the framing of by-laws which 
will in explicit terms indicate the lines that must be followed in 
the construction of pigsties, and also act as guides for the proper 
conduct of the business. Any departure from these by-laws may 
be followed by remonstrance or legal proceedings. It is easier to 
lay down a fair standard by means of by-laws than to seek to 



COWSHEDS, PIGGERIES, AND STABLES 25 

create one with the aid of the appropriate sections of the Pubhc 
Health Acts. In other words, by-laws are in themselves specific 
statutory enactments, a departure from which implies a breach of 
law. Without by-laws, which enter into details more fully than 
Acts of Parliament, the official will have to prove his case under 
the protection of a clause in the Public Health Act, which clause is 
not infrequently general in its terms, and not specific. 

Pigs are housed in different ways. For instance, when a limited 
number of pigs is kept in connection with a farm or institution, 




Fig. 14. — Piggery, showing Arrangement of Metal Flaps for giving 
Access to Feeding-Troughs. 

I, Flap closed ; 2, flap folded inwards, exposing feeding-trough. 

such as an asylum or hydropathic, where surplus feeding-stuffs 
are abundant, the animals may be housed in sties of simple design. 
On the other hand, where pig-keeping is practised as an industry, 
the method of housiijg is much more elaborate (see Fig. 14). 

In the former case a row of sties may be erected in a secluded 
part of the grounds to avoid the risk of nuisance and noise. 



26 



MEAT AND FOOD INSPECTION 



Each sty is divided into two parts ; that in front is open, the 
rear portion being covered over by a sloping roof constructed of 
such impervious material as corrugated iron, slate, or stone slabs. 



c-i'd 




C-I-(X' 



Fig. 15. — Plan of Double Pigsty. 

I, The ground -floor, the small channels in which lead liquids to the 
(2) cast-iron gully which communicates with sewer. 




Side Elevation. 

Shows the sloping roof of, (2) the covered-in portion, and the position of 

(i) the open portion. 

In the front and open area the fee ding- trough is placed, the closed-in 
part affording a bed and shelter for the pig (see Fig 15). 

The floors of the open area must be sloped and laid with imper- 



COWSHEDS, PIGGERIES, AND STABLES 



27 



vious material, such as vitrified bricks or cement, and inclining 
towards the front of the sty in order to encourage the flow of 
liquids to the gully-trap placed outside, but close to the front wall 
of the sty. The walls of the sty must be substantially built of stone 
or brick, and their inner surfaces covered over with a layer of cement. 
Wooden walls and partitions not only harbour grease and filth, but 




Fig. 16. — A Pigsty condemned on Account of its Non-compliance 

WITH By-laws. 

Observe the large amount of woodwork, and the patchwork arrangement of 
the roof. The floor is rugged, and not constructed of impervious 
materials. To reconstruct such a sty it would be necessary to follow 
Fig. 15 as a guide : brick waUs, rendered with cement, rain and wind 
proof roof, with concrete floor, and iron or stone-ware feeding-troughs, 
being demanded. 

cannot withstand the destructive proclivities of the pig. For the 
same reason earthen floors are to be condemned. It is of the utmost 
moment that the pigsty should be kept scrupulously clean, and to 
make certain of this an adequate supply of water under pressure 
should be available for s willing-out purposes. The front wall may 



28 MEAT AND FOOD INSPECTION 

with advantage be supplanted by a flap of sheet-iron, though in 
process of time this rusts unless its whole surface be periodically 
painted. The advantage of the swinging front is that the food may 
readily be emptied into the troughs without splashing it over the 
pigs and floors (Fig. 14). 

In country districts the housing of pigs is often slipshod. Ac- 
cordingly, strict attention on the part of the responsible official 
must be paid to obviate, especially, the risk of polluting potable 
waters. Though reiteration of the fact be made, it is well to repeat 
that the evil-smelling fluids coming from the sty must be conducted 
to a properly constructed cesspool or sound drainage system. 

If pigsties are not systematically cleansed and limewashed 
the health of the animals will be affected. When swine fever 
attacks pigs housed in faultily-constructed sties it will be no easy 
task to prevent the recurrence of the devastating disease as soon 
as the restrictions of the Board of Agriculture are removed. Re- 
currence of swine fever (pig typhoid) is characteristic. Organically 
contaminated flooring, woodwork, and environment will un- 
doubtedly play an important part in such recurrence. It is ac- 
cordingly purely in his own interest that the pig-keeper should be 
urged to construct thoroughly sound pigsties. The loss entailed 
by an outbreak of pig typhoid is often very serious ; indeed, in con- 
sequence of recurring visitations, some pig-keepers have been com- 
pelled to relinquish the business. 

In connection with creameries and breweries pigs are kept in 
large numbers because the by-products are abundant, and afford 
good material for fattening purposes. When pig-keeping is prac- 
tised as an adjunct to the industries mentioned, great attention is 
paid to the sanitary housing of the animals, it being the aim to rear 
such stock as will bring credit to the establishment, and so create 
a ready demand. 

As a rule, the pigs, when kept in large numbers, are housed in 
a spacious covered shed substantially built of stone or brick (see 
Fig. 14). The inside walls are made as smooth as possible, and 
(he lighting is either by windows on the roof or side walls. The floors 
are covered over with cement. Ventilation is always efficient. 
Were it not so, the effluvia would be extremely offensive, and the 
health of the animals would be jeopardized. If the shed be of 



COWSHEDS, PIGGERIES, AND STABLES 29 

sufficient breadth, there will be a passage down its centre, with 
sties on either side. The floor of each sty is so constructed that 
its rear half forms a platform, raised some inches above the level 
of the floor of the front section. On the raised part the pig rests 
and sleeps. In the front portion are the feeding-troughs. The 
floor of the rear portion is frequently laid with wood, in order 
to afford greater comfort to the animals ; but wood is objectionable, 
being absorbent. Soft bedding laid over cement or vitrified brick 
is a better arrangement. As in the case of cowsheds, gully-traps 
must be pfeced outside the piggery building. 

The subjoined set of by-laws illustrate the method of dealing with 
pig-keeping. 



BURGH OF LEITH. 
By-laws to regulate Pig-keeping. 

1. Construction of Pigsties. — ^The walls and floor of every pig- 
sty shall be constructed of durable material, and the surface of 
the walls and of the floor shall be rendered impervious to moisture. 
The floor shall not in any part be below the level of the adjoining 
ground, and shall be laid with a proper slope towards a suitable 
drain gully, of approved construction, placed outside the pigsty. 
A properly-constructed water-tight roof shall be provided for at 
least one-third of the area of the pigsty. 

2. Every pigsty shall be provided, to the satisfaction of the local 
authority, with efficient drainage, and with proper means of dis- 
posing of all manure and other refuse arising from the keeping of 
swine, without creating a nuisance. 

3. Places where Pigsties may be Erected. — A building shall not 
hereafter be constructed, or if not previously in use, or if disused 
as a pigsty, shall not hereafter be adapted or used as such, in con- 
nection with any slaughter-house, or within 100 feet of any house 
or dairy, or of a public road or street, except with the express con- 
sent of the local authority previously obtained in writing. 

4. Mode of Cleansing Pigsties. — Every pigsty shall be thoroughly 
cleansed at least once a week, and oftener if required, so as 
to prevent such pigsty from becoming a nuisance. The whole 
of the inner surfaces of the wahs and roof of every pigsty shall be 
thoroughly washed with hot limewash at least twice in each year, 
between the first and tenth days of each of the months of May and 
November. 



30 MEAT AND FOOD INSPECTION 

5. Penalty. — Five pounds for first offence, and a further penalty 
of forty shillings for each day offence is continued after written 
notice has been sent by the local authority. 

6. Definition of ' House ' and ' Dairy.' — The former includes 
dwelling-houses, schools, factories, and other buildings in which 
persons are employed. ' Dairy ' includes any farm, farmhouse, 
cowshed, milk-store, milk-shop, or other place from which milk is 
supplied, or in which milk is kept for purposes of sale. 



Stables. 

Though the keeping of horses does not often come within the 
purview of the sanitary official, it will be well to give a few leading 
points in connection with the stabling of horses. Too little atten- 
tion is paid to the proper accommodation of these animals, though, 
on the whole, the provision of lighting and ventilation is more 
liberal than in the case of cowsheds. 

The horse does not suffer from tuberculosis, most of his life being 
spent in the open air ; but to maintain a horse in a good state of 
health his stable must be salubrious and well constructed. Each 
horse ought to be provided with 1,500 cubic feet of air-space, the 
average varying between 1,000 and 1,700 cubic feet. There ought 
to be abundant provision for lighting by means of windows in the 
roof and walls, the latter being made to open. During the day, 
when the horse is at work, all windows and doors should be thrown 
open. 

Impervious walls and floors are as necessary in a stable as in a 
cowshed. For floors, the best materials are hard bricks carefully 
jointed and corrugated. Grooved cement also provides satisfactory 
flooring. In either case the floor should slope gradually to a 
shallow channel ultimately leading to a gully, situated outside the 
stable. In private stables the inside walls are frequently lined with 
white enamelled bricks, the division blocks between the stalls being 
constructed of iron ; other fittings being on an equally substantial 
scale. In stables the manger is placed breast-high. The water- 
supply should be pure and abundant, and the manure-pit con- 
structed with impervious floors and sides, and situated some 
distance away from the stable itself. 

In some instances one finds living-rooms for coachmen situated 



COWSHEDS, PIGGERIES, AND STABLES 31 

immediately over the stables. This arrangement should only be 
permitted when the ceiling of the stable is made of concrete or 
other substantial material, in order to obviate vitiation of the 
atmosphere oliiving-rooms. Also access to dwelling-rooms above 
stables must be by outside stairs. Inside stairs only act as upcast 
shafts for foul air from the stable. 



CHAPTER III 
SOME FACTS CONCERNING MILK-SUPPLIES 

The evil effects of frequent milk depletion, and unsatisfactory housing of 
cows — Requirements of the Local Government Regulations — Condition 
of cows— Cowshed interiors calling for remedj^ — Carelessness of milkers 
in handling milk — Diseases in udders and on teats causing illness — Sale 
of Milk Regulations, 1901 — How the standard may be maintained — 
How the regulations are evaded — The taking of samples and the value 
of an appeal to the cow — How adulteration is practised. — The evil effects 
of preservatives — Cream separation — The guiding principles for securing 
pure milk supplies — Koch's pronouncement regarding the infectivity 
of cattle tuberculosis — The opposite view has now been established — 
The virulence of cow's milk infected with tubercle bacilli — Tubercle in 
the udder, its diagnosis and appearance — The bacterial contamination 
of milk purchased from six retail shops — The interpretation of the 
results — The Budde process of treating milk — Specific gravity of milk — • 
Prejudice against chilled milk — The danger of drinking ' beastings ' — 
Diseases spread by milk — Milk-shops — Registration and its anomalies. 

Added to the debilitating influence exerted upon cows by the 
oppressive atmosphere of an ill-ventilated cowshed, one must not 
forget that systematic milk depletion will also have a deleterious 
effect upon the health of the animals. Just as a nursing mother 
becomes listless and anaemic under the continued strain of suckling, 
more especially if studied feeding and exercise are not indulged in, 
so must a cow sooner or later fall a prey to the tubercle bacilli ever 
ready to attack dairy animals of the purest breeds. It will be found 
wellnigh impossible to convince the average dairyman that the 
argument of the human being is applicable to the cow. The 
animal is looked upon as a machine, and treated as such. She is 
purchased with the expectation that she will yield between 2 and 
3 gallons of milk every day. If she fails to perform her functions 
satisfactorily, she is hustled out and given over to the butcher. 

32 



SOME FACTS CONCERNING MILK-SUPPLIES 33 

It is surprising that at this period in the history of sanitary 
progress the milk traffic of Great Britain should be in the deplor- 
able condition in which the practising health official finds it. 
Immense slaughter-houses are erected and lavishly staffed and 
equipped. Qualified men are appointed to inspect meat ere it 
reaches the consumer, and heavy fines punish the butcher or sales- 
man who attempts to traffic in unsound food. Moreover, all meat 
is cooked before it is eaten. Yet a vital fluid which is known to be 
frequently collected under notoriously wretched conditions is con- 
trolled by regulations which it is optional for local authorities 
to adopt. Further, when regulations are adopted, their enforce- 
ment frequently borders upon the farcical. 

A reference to the regulations drafted by the Local Government 
Board shows conclusively that adequate light and ventilation must 
be provided in all cowsheds, the interiors of which must be con- 
structed of impervious materials ; and, lastly, that every precaution 
must be adopted to protect the health of the stalled animals. 
In addition, special provisions are laid down to prevent contamina- 
tion of the milk in the cowshed as well as in the milk-shop. Despite 
these specific requirements, one comes across dark, stuffy cowsheds 
devoid of ventilation. Ceilings may be overhung with cobwebs, 
existing windows having their glass panes obscured by filth. The 
floors of the building may be uneven and sodden with dirt. The 
walls, which may be constructed of wood, are bespattered with 
filth, as also are the rickety division blocks. The flanks, tails, and 
udders of the cows exhibit accumulations of adhering manure, 
and the resting-places of the animals are often devoid of clean 
bedding. 

Milking operations are often conducted without the slightest 
attempt at preventing contamination. The milker rubs his head 
and shoulders against the cow's flanks, with the result that the 
milking-pail receives its quota of debris, the whisking of the cow's 
tail against her unclean sides doing further mischief. The milkers 
spit on their fingers to moisten them before commencing operations. 
They blow their noses between their fingers. They wash their 
soiled fingers with the first (fore) milk drawn from the udders, and 
spit chewed tobacco on every side of them. If a cow develops 
inflammatory mischief in part of her udder, and pus or blood is 

3 



34 



MEAT AND FOOD INSPECTION 



seen issuing from a teat, a piece of string is tied round the teat to 
keep back the flow of milk. An eruption of cow-pox is not 
viewed with any seriousness by the milker. His hands may be 
infected, but with rags tied round his fingers he continues to ply his 
calling. It is only when a health official visits the cowshed, and 
detects the diseased condition, that the affected animals and their 
milkers are isolated and kept under strict observation. Several 




Fig. 17. — Showing Ulcers on Cow's Teats. 

Milk drawn from several cows so suffering was the means of diffusing the 
infection of diphtheritic sore throat. 

instances have been recorded where epidemic sore throats could 
only be attributed to the drinking of milk drawn from teats and 
udders affected by cow-pox. Dr. Chalmers, Medical Officer of 
Health, Glasgow, dealt with such an outbreak which occurred at 
Belvedere Fever Hospital. The author also related his experiences 
regarding an outbreak of diphtheritic sore throats due to drinking 



SOME FACTS CONCERNING MILK-SUPPLIES 35 

milk taken from cows suffering from cow-pox. Both contributions 
appeared in Public Health, September, 1904, and January, 1905. 
In the latter case it was actually found necessary to station relays 
of inspectors at the cowshed at milking times to prevent the sale of 
milk from the diseased animals., 

Taking these facts into serious consideration, one cannot refrain 
from expressing surprise that a fluid which is capable of spread- 
ing enteric, scarlet fever, and diphtheria, continues to be so 
carelessly collected, stored, and distributed. If inaction on the 
part of responsible authorities enables the slovenly dairyman to 
continue the even tenour of his way, legislation may truthfully be 
said to provide a poor stimulus. 

It is freely admitted that individual cows now and again yield 
milk that falls below a certain standard. But the concensus of 
expert opinion persuaded a Departmental Committee that an all- 
round standard for genuine milk could be laid down, such a standard 
being ultimately fixed as follows : 

Sale of Milk Regulations, 1901, 

The Board of Agriculture, in exercise of the powers conferred 
upon them by Section 4 of the Sale of Food and Drugs Act, 1899, 
have issued the following regulations : 

Milk. 

1. Where a sample of milk (not being sold as skimmed, or 
separated, or condensed milk) contains less than 3 per cent, of 
milk-fat, it shall be presumed, for the purposes of the Sale of Food 
and Drugs Acts, 1875-189 9, until the contrary is proved, that the 
milk is not genuine, by reason of the abstraction therefrom of milk- 
fat or the addition thereto of water. 

2. Where a sample of milk (not being milk sold as Skimmed, or 
separated, or condensed milk) contains less than 8-5 per cent, of 
milk-solids other than milk- fat, it shall be presumed, for the purposes 
of the Sale of Food and Drugs Acts, 1875-1899, until the contrary is 
proved, that the milk is not genuine, by reason of the abstraction 
therefrom of milk-solids other than milk-fat, or the addition thereto 
of water. 

Skimmed or Separated Milk. 

3. Where a sample of skimmed or separated milk (not being 
condensed milk) contains less than 9 per cent, of milk-solids, it 
shall be presumed, for the purposes of the Sale of Food and 

3—2 



36 MEAT AND FOOD INSPECTION 

Drugs Acts, 1875-1899, until the contrary is proved, that the milk 
is not genuine, by reason of the abstraction therefrom of milk- 
solids other than milk-fat, or the addition thereto of water. 

To secure genuine milk the cows must not only be well fed, but 
properly and regularly milked. Irregular and imperfect milk 
depletion will certainly lead to aberrations from the standard. 

It will be noticed that the qualification ' until the contrary is 
proved ' has been added. This proviso has, in some districts, 
utterly nullified the intended effect of the milk standard. To give 
an oft-experienced instance in the East of Scotland, let the following 
be taken as a practical illustration. An inspector takes four 
samples of milk from four different shops. One sample is found 
to be below the standard, the other three being genuine. All samples 
are taken within half an hour of one another, and in the same locality. 
The person selling the presumably adulterated milk is taken to 
court. He brings with him several witnesses, each of whom swears 
on oath that nothing was done to tamper with the milk after it left 
the cow. The prosecuting side prove from the analyst's certificate 
that the milk is, let it be said, deficient in fat to the extent of 
15 per cent. Cross-examination brings the admission that indi- 
vidual cows do now and again yield poor milk. Added to that, it 
is adduced for the defence that on that particular day on which the 
sample was taken one or two cows were ailing, that an east wind 
was blowing, and that the turnips were frosted. In fact, circum- 
stances favoured the yielding of poor milk. The prosecuting 
side thus find themselves outwitted by mere platitudes uttered 
in extenuation of the defective milk. A short summing-up 
follows, and the judge repeats his familiar verdict of ' Not 
guilty ' or ' Not proven.' Thus the farce has continued for several 
years, and the adulterator continues to ply his art — for it is a fine 
art in the milk trade. In Scotland many decisions regarding milk 
that falls below the standard have often been notoriously unsatis- 
factory, the consumer who pays full prices in the belief that he is 
buying genuine milk being made to suffer. 

When milk is sampled from the shop of a person who also keeps 
cows — in contradistinction to the middleman with the small shop — 
an appeal may be made to the cow. That is to say, a sample taken 
from the dairyman's cart or shop may after analysis be found to be 



SOME FACTS CONCERNING MILK-SUPPLIES 37 

of poor quality. If proof of adulteration be required, a sample may 
be taken at the cowshed and direct from the cow. But one must 
be warned that only a fair sample is to be accepted, not a sample 
of ' fore ' milk, which is known to be deficient in fat. Also the 
samples taken on different days, in the one case from the milkman, 
and in the other from the cow, do not furnish a reliable test. To 
be of value the appeal to the cow must be taken from the same 
milking as that which provided the sample procured at the shop. 

In England the Court of Appeal decided by a majority that 
cows, when properly tended and fed, must be expected to yield milk 
that would comply with the standard laid down by the Board of 
Agriculture. 

It is often asserted that the milk trade is not only irksome, but 
unremunerative. One has to look carefully round in search of 
proofs for such statements. That milk- farmers in some parts of 
the country sell milk in immense quantities at very low prices is 
true. Their work is admittedly arduous and exacting, since the 
market for milk, distant many miles by rail, must be regularly 
supplied in summer and winter. That this task is no light one 
during the stress of a severe winter no one can deny. The farmer is 
only occasionally found guilty of adulteration. He may, during 
the warmer months, foolishly add preservatives when harmless and 
much simpler means are at his command. As has been said, the 
milk as it reaches the railway-station is usually of good quality. 
When, however, the milk reaches the middleman, fraud begins. 
Not content with buying milk at prices ranging from 6d. to gd. per 
gallon, and selling it to the public at is. 2d. to is. 4d., he must, 
in order to eke out his supply, add water or skimmed milk. Milk- 
dealers in towns do not conceal the fact that they can judge to a 
nicety how much water or skimmed milk may be added to the 
supply after it comes from the farm. When, however, they appear 
as witnesses in their own defence, their assertions of innocence 
are astonishing. Besides reporting upon milk samples submitted to 
him, the analyst — whom it is necessary for every local authority 
to appoint — will examine for the presence of preservatives. The 
substances most commonly employed and encountered are formalde- 
hyde, borax or boric acid, saltpetre and bicarbonate of soda; sali- 
cylic acid and fluorides being less frequently used. 



38 MEAT AND FOOD INSPECTION 

One of the chief dangers underlying the addition of preservatives 
is the fact that with each change of retailer — from the farmer to the 
proprietor of the milkshop — a fresh dose of preservative may be 
added. Preservatives may retard the onset of the souring process, 
but other injurious fermentative organisms and the Bacillus coli 
communis are given the opportunity to multiply and work serious 
mischief when the milk is drunk. The addition of preservatives is 
the cloak for laziness at the farm or uncleanliness at the milkshop. 
If cows be well-groomed, the milker's hands kept clean, and milk 
utensils thoroughly washed, there need be little anxiety regarding 
the keeping qualities of milk. More especially will this hold true if 
all milk, after coming from the cow, be passed through a good filter, 
and subsequently passed over a chilling apparatus. To follow these 
details means the expenditure of trouble and time. The consequence 
is that during the summer weather milk coming into towns turns 
quickly sour, and to guard against this contingency either the farmer 
or the shopkeeper, or both, resort to the addition of preservatives. 
It will only be when the addition of preservatives is made penal 
that the farmer and milk-dealer will be forced to turn their attention 
to methods of cleanliness. 

It may be stated at this point that, while no legal enactment has 
been put into force, the recommendation has been made that pre- 
servatives may, to a small extent, be permitted in cream. At the 
various creameries throughout the country cream is separated from 
milk by centrifugalization. To effectively separate cream from milk 
the latter ought to be warm, heat being artificially imparted to the 
milk. When the separator is in close proximity to a cowshed, the 
milk taken from the cow is sufficiently warm for the purpose desired. 
After the cream has been separated from the milk, it is put into 
jars, commonly seen on provision dealers' shelves. As has been 
said, a small amount of preservative — usually boric acid — is per- 
missible in order to permit the jar cream to remain sweet for some 
time during even the warmest weather. In the recommendations 
referred to it is stipulated that a label shall clearly state that a 
preservative has been added to the cream in order to warn the con- 
sumer. With these facts in one's mind it might be well to sum- 
marize the points that should be attended to in order to secure a 
satisfactory milk-supply. 



SOME FACTS CONCERNING MILK-SUPPLIES 39 

1. The rigorous enforcement of regulations, in order to establish 
sanitary and well-designed cowsheds. Under this heading drainage 
and water-supply fall to be considered. 

2. A systematic inspection of all dairy cows, so that they may 
be maintained in a state of scrupulous cleanliness, and in order to 
detect disease among them. 

3. Where possible, the enforcement of the principle that dairy 
cows shall be confined to the cowshed only during the winter 
months and, during summer, only at milking-times. 

4. Thftt the milkers' hands are washed with soap and water 
before each milking, and that between the milking of every animal 
the hands are dipped in clean water, and then dried with clean 
towels. This necessitates the provision of basins and water-taps 
inside all cowsheds. 

5. That the animals must be provided with good bedding, and 
the workers with clean overalls. That the food of the animals must 
be carefully chosen. 

6. That the milk will be drawn into an efficient filter placed 
over a clean milking-pail, the filter acting as a well-fitting lid to 
the pail. Not only will the filter protect the milk from grosser con- 
tamination, but it will arrest finer particles. 

7. That no milk shall be permitted to stand in pails inside the 
cowshed. 

8. That immediately after removing the milk from the cowshed 
it must be again filtered, and passed over a chiller into clean re- 
ceptacles. Through the coils of the chiller either cold water or 
brine may be circulated (see Fig. 19). 

9. That the milk-store must be of good construction, with clean 
shelves and impervious surfaces, and neither directly communicat- 
ing with the cowshed nor with dwelling-rooms. Its proximity to 
dung-pits must be guarded against. 

10. All milk sold to private consumers must be dispensed in 
stoppered glass bottles. 

That the foregoing methods can be put into practical operation 
has already been proved. When a milk-supply from unimpeachable 
sources is assured the consumer will have no need to consider the 
advisability of boiling milk as a safeguard. The regular inspection 
of dairy cows will ensure that tuberculosis of the udder will immedi- 



40 



MEAT AND FOOD INSPECTION 




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SOME FACTS CONCERNING MILK-SUPPLIES 



41 



ately be detected, and affected cows prevented from supplying milk 
for human consumption. The universal adoption of the tuberculin 
test cannot yet be reasonably expected until serious and general 
effort is made to prevent the occurrence of tuberculosis among dairy 
cows. How that may be brought about has already been indicated. 
Professor Koch some years ago startled the world by announcing 
that human beings could not be infected by the tubercle bacillus 
emanating from cattle, and conversely, that he had been unable to 
infect cattle with bacilli taken from the human being. This strange 




Fig. 19.— a Simple Form of Milk-Chiller, showing Front and 

Side Views. 
Cold water or brine passes into the inlet by a suitable connection of piping, 
and after the fluid has filled the body of the chiller, from below upwards, 
an outlet is provided. There is thus a constant circulation of cooling 
fluid going on. The milk to be chilled is poured over the ribbed coils of 
the chiller, and is collected in a suitable vessel. The milk is chilled, in 
fact, by coming in contact with artificially-cooled metal surfaces. 

and unexpected opinion did not long pass unchallenged, and already 
Professor Hamilton, of Aberdeen, has proved that Koch's theory 
is wrong. In fact, some of Koch's results are taken as the best 
means for controverting his observation that the bovine and human 
tubercle bacilli are different species, and it is frankly asserted that 



42 



MEAT AND FOOD INSPECTION 



the changes in the glands of the animals experimented on by Koch 
would, in the hands of any other than a biassed observer, have been 
taken to demonstrate undoubted infection by tuberculosis. Koch's 
prejudiced views would not permit him to look upon the changes 
as being due to infection by the human tubercle bacilli. 





Fig. 20. — A Milk-can which has a Self-sealing Arrangement attached 
TO IT, thereby Preventing Tampering with the Contents. 

The double lid affords security against contamination. 

Koch founded his startling doctrine upon the following experi- 
ments : Thirty-four animals were inoculated with tubercle bacilli 
taken from human beings, and twenty-one animals with bacilli 
from bovine tuberculosis. The latter all developed the disease in 
a grave form. The animals inoculated with human bacilli gave in 



SOME FACTS CONCERNING MILK-SUPPLIES 43 

thirty cases negative results, and in four the results were doubtful, 
Arloing severely criticized Koch's report, and had no hesitation in 
affirming that three more animals would, in the hands of any other 
than a prejudiced observer, have been held to have been infected. 
In support of his contention Arloing cites examples. For instance, 
the following is quoted by Koch to indicate a doubtful result : An 
animal was allowed to inhale tubercle (human) bacilli. At the end 
of the first month the animal began to cough, and continued to do 
so until death too,k place. The post-mortem examination revealed 
' some clustered and encapsuled tubercular collections in the right 
lung the size of a pea.' Microscopical examination showed ' the 
presence of human tubercle bacilli in the diseased part of the lung,' 
whilst ' guinea-pigs inoculated with the diseased portions of lung- 
tissue developed general tuberculosis.' Professor Hamilton truly 
says in his own report : ' It is hard to see what further proof was 
required of the animal having developed pulmonary tuberculosis 
during the time it was under observation.' It is well to note that 
Ravenel, De Jong, Delepine, Behring, Hamilton, and others sup- 
port Arloing in contradicting Koch's pronouncement. Arloing holds 
that the human tubercle bacillus manifests less activity in certain 
animals than do the bacilli of bovine disease, but that human and 
animal tuberculosis cannot be subdivided from one another. In 
summing up his experimental results, Professor Hamilton concludes 
with the following striking sentence : ' Our results are a direct con- 
tradiction of those alleged to have been obtained by Koch and 
Schiitz.' 

The second Royal Commission on Tuberculosis has issued a pre- 
liminary report which also contradicts Koch's pronouncement. 

The need for frequent veterinary examination of dairy stock is 
borne out by the fact that tuberculous deposits in the udder are 
of rapid growth, and have been found to exist in 10 per cent, of 
dairy cows. To differentiate between tuberculous and non-tuber- 
culous deposits in the udder one must have recourse to bacterio- 
logical examination of milk (strippings) drawn from the affected 
quarter. Such milk, if infected, is peculiarly virulent when in- 
jected into guinea-pigs. It is necessary to bear in mind that tuber- 
culosis in the udder is not so readily discovered as the nature of 
the disease would suggest. In the course of an investigation in 



44 



MEAT AND FOOD INSPECTION 



Aberdeen, Mr. Young makes reference to a cow in whose udder 
tuberculous lesions existed, yet manipulation had failed to detect 
any abnormality (see Fig. 21). 

Before concluding this section it may be of interest to quote 





"•*' 



^T>- , 




Fig. 21. 



-Showing Large Mass of Tuberculous Growth in 
Cow's Udder. 



When cut into by a knife the mass was gritty and rough, as if one were 
cutting into a turnip. 

the results of investigations made by the author regarding milk 
sold from six different dairy shops in Leith. The samples were 
taken during the month of August, when bacterial contamination 



SOME FACTS CONCERNING MILK-SUPPLIES 



45 



was expected to be at its worst, mid-day milk being asked for on 
each occasion. About six hours after milking the milk was sub- 
jected to a bacteriological examination at the hands of my assistant, 
Dr. Mair, now of Victoria University, Manchester, the following 
being the results : 



Sample i 


contained 


39,000 bacteria per c.c 


2 




8i,ooo 


„ 3 




89,000 „ 


,, 4 




168,000 


. „ 5 




400,000 „ 


„ 6 




15,000 



The good result obtained from the last sample suggested an 
examination for preservatives, but none were found. The shop 
from which the milk was sold differed from the other five in that 
the cowshed was close to the shop. The milk, therefore, had not 
any great distance to travel, and was handled by few people. 

Samples of milk were next drawn direct from the cow into sterile 
dishes. In the first place, ' fore ' milk was drawn without prelimi- 
nary treatment of udders, teats, or milkers' hands. One specimen 
of milk was kept in a cool room, and examined six hours after 
milking, 1,000 bacteria per c.c. being found. Another portion, 
also kept in the cool room, was surrounded with ice. At the end of 
six hours, examination of this sample showed only 400 bacteria 
per c.c. The point of practical interest in this comparative test 
is the powerful inhibitory influence upon bacterial proliferation 
exerted by chilling. 

Samples of after-milk taken from the same teats were treated in 
a similar manner to the foregoing. That portion kept in a cool 
room, when examined after the expiry of six hours, revealed 270 
bacteria per c.c. ; the other, surrounded by ice, showed only 130 
bacteria per c.c. The latter result, whilst still proving the influence 
of chilling, also demonstrates the fact that ' fore ' milk is more prone 
to contamination by bacteria which are capable of entering the 
teats from outside. From these results it is manifest that the first 
few draws of ' fore ' milk should be rejected. It has already been 
stated that the milk was collected in sterile vessels. One can 
scarcely expect, however, to find sterile milk-pails in actual prac- 
tice ; but the fact must not be allowed to escape attention, since 



46 MEAT AND FOOD INSPECTION 

cleanliness of all pails and dishes will exert a powerful influence for 
good. To conclude the research the following experiment was 
carried out. After the cows had been milked the filled pail from 
the cowshed was emptied into a big can, but before reaching this 
can the milk was passed through that type of filter used by most 
dairymen. Such filters, consisting of wire gauze, are capable of 
arresting only coarser impurities such as hairs, straws, and manure. 
A sample from the milk passed through the filter was divided into 
two sterile bottles. One bottle was surrounded by ice, and at the 
end of six hours 39,000 bacteria per c.c. were found in the milk. 
The sample not artificially cooled yielded 170,000 bacteria per c.c. 

By tracing the milk in this way step by step one can readily 
appreciate where pollution takes place. Obviously, if milk could 
be produced under what might be properly termed aseptic con- 
ditions, bacterial contamination would be reduced to a minimum. 
Already mechanical milking-machines have been put upon the 
market, and by using these one may reasonably expect to secure 
milk of great purity, provided, however, that subsequent handling 
of the fluid is conducted with every care. That unclean filters and 
imperfectly-washed pails do add their quota of pollution has been 
proved by the experiments just detailed. 

As a guide to the student, it is well to add that in the city of 
Rochester, U.S.A., a very perfect system of milk-supply has been 
instituted. Milk is sent out from the farm in bottles surrounded 
by broken ice, and if no more than 12,000 bacteria per c.c. are found, 
the milk is reckoned to be of good quality. In New York only 
chilled milk is allowed to be sold. 

A striking commentary upon the unsatisfactory condition of the 
milk traffic of this country is provided by the introduction from 
Denmark of the Budde process. The author has had some practical 
experience with Buddeized milk, and, judging from the results of ex- 
periments made by him, it should establish an effective barrier against 
the sale of infected or polluted milk. To safeguard the consumer, 
he is frequently advised to boil all milk before drinking it. Boiled 
milk is unpalatable, and many authorities believe it to be lacking in 
nutritive properties. Pasteurized milk is free from disagreeable 
taste, but one cannot always be certain that it has been properly 
treated. Moreover, it has attached to it the risk of overcooking, 



SOME FACTS CONCERNING MILK-SUPPLIES 47 

with the possible impoverishment of the hquid. The Budde process 
aims at providing a milk collected under strict care from picked 
farms, and treated with such quantities of hydrogen peroxide as 
will destroy pathogenic organisms. Briefly put, the following is the 
routine followed. Milk is treated in bulk in a jacketed vessel. 
While in this vessel the milk, kept in constant motion, receives 
adequate quantities of peroxide of hydrogen, the temperature of the 
mixture being brought up to 120° F. The milk is then poured into 
stoppered bottles, which are immersed in a water-bath. Means 
have been* devised for getting rid of the excess of peroxide, the 
taste of the milk being but slightly altered ; in fact, one might say 
its flavour is improved. 

Objections may be taken to this system on the ground that a 
chemical substance has been used. But the addition of peroxide 
cannot be compared with the maladroit use of boric acid, formalde- 
hyde, and other substances. The former is not clandestinely 
added ; moreover, it is carefully eliminated before being sent to the 
consumer. It is also an essential to the success of the Budde process 
that the treated milk must have been recently drawn from the cow. 
Dairymen add preservatives to cloak the imperfections of old milk. 
That all traces of peroxide are removed has been proved to the 
author's satisfaction. The destruction of the micro-organisms of 
enteric, diphtheria, tuberculosis, and of the Bacillus coli communis 
intentionally added to milk has also been proved by the use of 
peroxide in such quantities as are necessary in treating milk by the 
Budde process. Milk so treated can be sold as cheaply as ordinary 
shop milk. Its advantages over milk usually supplied must be 
obvious. 

Milk is of a yellowish colour, but this varies among certain 
breeds of cows and with the use of different food-stuffs. Many milk- 
dealers add a harmless vegetable colouring substance known as 
' annatto ' in order to give the milk a rich yellow appearance. This 
dye is also added to butter and cheese. The specific gravity of 
milk varies between 1026 and 1036. Cream rises on milk between 
the fourth and eighth hours after milking. When milk has been 
chilled after leaving the cow the rising of cream is delayed. This 
fact has always been found to stand in the way of persuading the 
poorer classes to buy chilled milk. The knowledge that they can 



48 MEAT AND FOOD INSPECTION 

secure warm milk satisfies them that it must have been recently 
drawn from the cow. Cold milk also creates the suspicion that old 
milk has been supplied. Further, the delayed rising of the cream 
on artificially- chilled milk suggests milk of poor quality. Such 
prejudice only indicates how much the campaign of education must 
be pushed by the health official. 

' Fore ' milk, as has been said, is deficient in fat as compared with 
the rich ' strippings.' It is the last of the ' strippings ' which must 
be collected and examined when search is to be made for tubercle 
bacilli. ' Colostrum ' or ' beastings ' should never be sold for human 
food. This milk, coming from newly-calved cows, is thick, clots 
quickly, is yellow in colour, has a peculiar odour, and a specific 
gravity of about 1050. When infants drink ' beastings ' they 
frequently suffer from indigestion, griping, and diarrhoea. A 
fortnight at least after calving should elapse before milk is supplied to 
the public. The fact that newly-calved cows are rich in milk leads 
to their being much sought after by dairymen. 

It is fortunate that dairy cows affected by anthrax have their 
milk secretion arrested. This practically obviates all risk to the 
consumer when this fatal disease breaks out in a herd. When foot- 
and-mouth disease (epizootic aphtha) manifests itself, the pustules, 
by appearing on the udders and teats, render the milk of affected 
animals dangerous to human beings. Infection of human beings 
has been repeatedly traced to cows ailing with this disease. 
Accordingly, no milk from diseased animals ought to be sold. 
The danger of tuberculosis in the udder has already been fully 
detailed. ' Weeds ' in the udder, or ' garget of the maw,' are 
other names for acute mastitis. If this condition is not imme- 
diately treated by vigorous milk depletion and suitable applications, 
permanent mischief as a result of abscess-formation may ensue. 
Should abscesses develop, the pus drawn will render milk unsafe 
as a food. The risk attaching to the sale of milk from cows 
attacked by cow-pox has already been commented upon. 

As is well known, epidemics of typhoid and scarlet fever and 
diphtheria have been frequently traced to infected milk. These 
diseases may be spread by infected persons employed in handling 
the milk, and in the case of enteric fever, by specifically polluted 
water used to clean milking utensils. 



SOME FACTS CONCERNING MILK-SUPPLIES 



49 



Milk-shops. 

If milk must be carefully treated in the cowshed, it ought also to 
be carefully protected when it reaches the shop-keeper. The 
regulations already referred to lay down conditions that should 




Fig. 22. 

At A was a communication between the dwelling-house and milk-shop. 
This communication was blocked up, and the only means of passing 
from the house to the shop became through B, along the common passage 
to the street. 

be observed in connection with milk-shops. The faults most fre- 
quently detected are in the methods of storing milk in open and 

4 



5° 



MEAT AND FOOD INSPECTION 



uncovered dishes, and the retaihng of milk in unsuitable premises. 
They may be unsuitable because potatoes, cabbages, onions, capable 
of giving off dust and effluvia, are stored and handled by the milk- 




FiG. 23. 
O is the entrance to the milk-shop from the street for customers. D is 
the entrance to the dairyman's dwelling-house. X was a doorway 
for the convenience of the dairyman, giving him ready access to the 
milk-shop. This permitted free communication with living-rooms. 
At X access is now no longer possible, the dairyman being required to 
pass through D to enter at O. 

vendor. Also, the living-rooms may, and frequently do, communi- 
cate directly with the milk-shop (Figs. 22, 23). 

The internal fittings of all milk-shops should be kept scrupu- 



SOME FACTS CONCERNING MILK-SUPPLIES 51 

lously clean and free from dust. Mangling of clothes must on no 
account be permitted, and the entrance to the dwelling-rooms, if 
such be attached, should be quite separate from that leading to the 
milk-shop. Such articles as butter, eggs, bread, and sweets may 
safely be sold, but general groceries should not be allowed. 

Unless the receptacles containing the milk be protected by gauze 
covers, much dust and debris will find its way into the milk. The 
adoption of such a precautionary step would prevent a vast amount 
of milk pollution, though the serving out of small quantities of milk 
by frequ«nt dipping tends to upset any good efforts to prevent 
contamination. 

A very ludicrous anomaly exists with regard to the licensing of 
milk-vendors. A person cannot be refused a license to sell milk. 
It is only after he begins to use what may prove to be an unsuitable 
shop that he can be interfered with. The obvious legislative flaw 
here is the lack of power to license the shop itself. 



4^2 



CHAPTER IV 

TUBERCULIN AND MALLEIN TESTS— PREPARATION OF 
VACCINE LYMPH 

Composition, and method of making tuberculin — Its value as a diagnostic — 
Why it may give unsatisfactory results — Experiments on animals 
with tuberculin — The dose of tuberculin and the characteristic rise in 
temperature expected — ' Salting ' of animals — Mallein and its com- 
position — Its value and how it is to be used — The reaction in glandered 
horses — Vaccine lymph, how prepared and collected. ^ ^ 

Tuberculin owes its origin to Koch, who, in 1890, announced his 
behef that he had discovered a cure for tuberculous affections. 
In the course of time, however, the hopes of many were shattered, 
and tubercuhn as a curative agent fell into disrepute. 

Tuberculin consists of ' a glycerine bouillon culture of tubercle, 
in which the bacilli have been killed by heat, and which had been 
concentrated by evaporation. It thus contains the dead and often 
macerated bacilli, the substances indestructible by boiling which 
existed in these bacilli, non- volatile products formed by them from 
the food material when alive, and the concentrated remains of the 
bouillon and glycerine ' (Muir and Ritchie). This form of tuberculin 
is now chiefly relied upon as a diagnostic in cattle. Few cattle-owners 
or rearers of stock have much faith in the virtues of tuberculin. It is 
frequently not to their interest to credit its capabilities for weeding 
out tuberculous animals. That tuberculin occasionally fails to 
yield satisfactory results is true. It is these occasional failures 
which prompt the sceptic to level wholesale condemnation at the 
tuberculin test. 

One can quite readily understand that tuberculin of inferior 
quality or lacking in potency on account of age may, and does, give 
contradictory results. Few have, in this country, given the subject 



TUBERCULIN AND MALLEIN TESTS S3 

much study. Their inabihty to perform the test adds strength to 
that statement. Those who have experimented with tubercuHn in 
a systematic and careful way have no hesitation in affirming their 
faith in its value as a diagnostic. Professor Bang of Copenhagen 
has shown from post-mortem results that in 280 animals tested, 
error only occurred in 3*3 per cent. In this country such men as 
Professors McFadyean and Wortley Axe believe in the efficacy of 
tuberculin. One would imagine that their experiences were more 
worthy of credence than those of such interested parties as cattle- 
breedery. 

In the choice of cattle for breeding purposes, their freedom from 
tuberculosis is a most important consideration. Tuberculin is the 
most reliable test in such cases. The dose and quality of tuberculin 
injected must be ample and reliable, and the subsequent taking 
of temperatures carefully supervised. It does happen sometimes 
that animals riddled with tuberculosis fail to respond to the test, the 
reason being that the toxines in the tissues swamp the injected 
tuberculin. 

In this country one of the most recent and at the same time 
reliable series of tests was carried out by Mr. J. McLauchlan 
Young, under the auspices of the Aberdeen Department of 
Agriculture. A summary of two separate investigations may 
be given. In the first series of tests 100 bullocks were tested. 
On post-mortem examination, 24 were found to be tuberculous, 
4 of them having failed to react. Of 60 heifers inoculated, 10 were 
found to be tuberculous, 4 of these having shown no reaction. 
The report explains possible causes for these failures in the case 
of the heifers. The greatest discrepancy occurred among cows. 
Seventy-seven were tested, of which 42 showed tuberculous lesions, 
and of these no less than 17 failed to react. Professor Nocard, in 
criticizing this result, affirmed that if the temperatures had been 
taken at twelve, fifteen, eighteen, and twenty-one hours after 
inoculation, the failures to react would have been few. He adds : ' If 
it should happen that at the twenty-first hour the temperature of 
certain animals is still rising, without having reached the necessary 
degree to affirm that they are tuberculous, it is recommended to 
take the temperature a fifth time — namely, at the twenty-fourth 
hour after injection.' 



54 



MEAT AND FOOD INSPECTION 



In giving his report, Mr. Young refers to three cows which had 
unduly large doses given to them. Had the ordinary dose been 
administered, he was convinced no reaction would have taken place. 

In a second series of experiments, 42 cows were tested ; 21 proved 
to be tuberculous, and 17 of these reacted. Of the 4 failures, i 
showed an old-standing lesion, which was encapsuled and no longer 
active. The other 3 cows that gave doubtful results did not show 
characteristic reactions. Their temperatures did rise, but only 
sufficiently to arouse suspicion. ' Possibly,' says Mr. Young, ' in 
this instance a larger dose of tuberculin would have produced 
reaction.' 





Charaderisfh Re-adhn 

ofTUBERCULOUS COVY 


Tuberculous but failed iogim 
Choracfer'isfio Re -action 


HecntthyCorv before and 
crfier inoculafion 


fahC 

10^-5 

loss 

103 


Ho 


jrsa 
12 


ffer 

15 


inoc 

18 


:ula 

Z4- 


fhn 






/2 


15 


18 


2.^ 








12 


15 


18 


24- 




1 














p 














.s 












r 


'A 


\ 








• So 














- s^ 
















\ 








§ 














1 












1 




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.5 














K 












102. 

IOI-5 


^ 








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/ 


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N, 






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/ 


/ 






















IOO-5 

too 
















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Fig. 24. — Temperatures of Three Cows tested with Tuberculin. 

It is of interest to the student to know that of the cows examined 
50 per cent, were tuberculous. In both investigations tuberculosis 
of the udder was encountered in 10 per cent, of the animals. Mr. 
Young's conclusion is that the temperature of tested animals ought 
to be taken at nine, twelve, fifteen, and eighteen hours after inocu- 
lation. Before inoculation the normal temperature of the animal 
must be noted. Mr. Young believes in taking the temperature a 
fifth time, if at the eighteenth hour there is a continued rise which 
falls short of being characteristic. As a rule, a characteristic rise 
may be looked for between the ninth and eighteenth hours. 

The chart (Fig. 24) shows the different temperatures yielded 



TUBERCULIN AND MALLEIN TESTS 55 

by reacting and non-reacting animals. In Numbers i and 2, 50 
minims of tuberculin were injected ; in Number 3, only 18. Had 
the dose been bigger, the reaction would probably have been char- 
acteristic. The gradual rise to 102*2° F. indicates a suspicious 
reaction. In such an instance occurring in actual practice the 
animal would be set aside for a second test after the lapse of some 
weeks. The failure to secure reaction in this case is noteworthy, 
since it proves how the argument of unreliability may be applied 
against tuberculin. In point of fact, failure was due to bad practice 
in injectiTig too small a dose, a satisfactory dose varying between 
30 to 50 minims. 

Animals must always be rested for one or two days prior to the 
application of the test, care being taken to ascertain the normal 
temperature of the animal. The test must be performed under 
aseptic precautions, the neck being selected as the seat of puncture. 
A characteristic reaction should show a rise in temperature of 
2"5° ; it may be as high as 5° or 6° F. 

One need not expect to get a reaction within two or three months 
of a previous application of the test. This knowledge has been 
misapplied by dishonest dealers, who secretly inoculated their stock 
with protective doses and frankly invited the application of the 
tuberculin test, knowing full well that the results would favour 
the dealer by proving negative. This trick is known as ' salting.' 

Mallein was discovered by a Russian veterinary surgeon named 
Kalning, who lost his life as the result of infection by glanders. 
Mallein is analogous to tuberculin in being a diagnostic, and, like 
that substance, must be carefully employed. Mallein is obtained 
from the bacilli of glanders, and is prepared much in the same way 
as tuberculin. When injected into a glandered horse, a swelling 
appears at the point of inoculation, and with it a rise of temperature 
occurs. Injected into healthy horses, no reaction takes place. The 
temperature of the horses to be tested should be taken four times 
before inoculation. Temperatures must be taken at the twfelfth, 
sixteenth, twentieth, and twenty-fourth hour after inoculation. 
Should reaction be delayed, as sometimes happens, it may be neces- 
sary to take temperatures up to the forty-eighth hour after inocula- 
tion. The characteristic swelling denoting reaction is large ; its 
edges are thick and raised, and extremely tender to the touch. A 



56 MEAT AND FOOD INSPECTION 

doubtful reaction in the shape of swelhng possesses none of these 
features, being painless, thin at its edges, and oedematous. Horses 
may be tested a second time after the lapse of three or four weeks. 
Whether or not mallein is a curative agent is still open to doubt. 
It is certain that repeated doses of the substance create a tolerance 
in the inoculated animal, and no further reactions can be got. It 
is only by the use of mallein that glanders among horses and mules 
can be effectually stamped out. 

Preparation of Vaccine Lymph. — Arm-to-arm vaccination is 
now not commonly practised, objections to the principle not being 
unreasonable. Accordingly, glycerinated calf lymph is now usually 
employed. 

In the preparation of vaccine lymph, young healthy calves are 
employed. After strapping the animal down on an inclined table, 
its abdominal surface, previously well cleansed, is scarified with 
vaccinia. At the end of five days the vesicles are scraped with a 
sharp spoon, the greatest care being taken to prevent the collec- 
tion of any blood. To obviate this possibility, the bases of the 
scarifications are clamped to cut off blood-supply. No lymph 
must be collected from suppurating vesicles. 

The material collected is combined with suitable proportions 
of glycerine and water, and mixed in a special apparatus. If 
kept for some time, the glycerine renders the Ijrniph almost free 
from extraneous organisms, while still retaining its active pro- 
perties. The use of lymph so prepared has done much to defeat 
the prejudiced attacks levelled against the proved value of 
vaccination as a protective against small-pox. Dr. Alan Green 
has demonstrated that glycerinated calf lymph may be used with 
safety immediately after collection, if chloroform vapour be em- 
ployed to kill extraneous organisms. 



I 



CHAPTER V 

SLAUGHTER-HOUSES 

General Considerations 

The value of well-equipped and properly-managed slaughter-houses — The 
defects of private slaughter-houses — The points that demand attention 
in the construction and amenity of private slaughter-houses — ' Lairs ' 
and ' Pounds ' — Set of by-laws for private slaughter-houses — Public 
slaughter-houses : their situation, size, drainage, water-supply, and 
amenity — Style of erection and the necessary buildings — British and 
German systems compared — Tripe and gut cleaning — Steam digesters 
for destroying condemned carcasses — Blood drying and collection — 
Podewill's apparatus. 

Every municipality ought to be provided with one or more 
pubhc slaughter-houses, in which animals intended for the food 
of man may be killed, examined, and prepared for sale. 

Private Slaug'hter-houses should be abohshed. Their con- 
tinued existence can only be excused on the ground that the cost 
of erecting a modern and well-equipped slaughter-house will be 
usually grudged. 

In small towns and in country districts, private slaughter-houses 
are a necessity, their sanitary condition and the method of conduct- 
ing meat inspection in them depending entirely upon the responsible 
officials. Lax administration will inevitably be accompanied by 
loose methods, both as regards maintenance of buildings and the 
conduct of the business. 

In country districts quantities of tuberculous and unwholesome 
meat are sold, because the absence of systematic inspection permits 
a traffic in what is actually unsound food. It must, however, be 
admitted that the systematic inspection of meat in country districts 
is not always easy. Yet, when one knows that retired masons, 

57 



58 MEAT AND FOOD INSPECTION 

plumbers, etc., devoid of any special training in meat inspection, 
are placed in responsible positions as district inspectors, one is left to 
surmise how eflficient is the control of the meat traffic. It would be 
a comparatively easy matter to enforce a regulation that slaughter- 
ing in private booths should only take place on certain days and 
at specified hours. This would enable an inspector to pay periodic 
visits to the slaughtering-booth. Despite systematic inspection of 
these booths, however, the butcher who desires to conceal or 
obliterate the presence of disease in a carcass has rriany tricks at 
his command, and it frequently demands the closest scrutiny on 
the part of an expert to detect these fraudulent attempts on the 
part of the trickster of the trade. 

It may safely be said that, where private slaughter-houses exist 
and reliance is placed upon the detection or seizure of unsound 
meat already exposed for sale, the supervision of the meat traffic 
cannot be satisfactory. In other words, meat must be inspected 
during and immediately after slaughter. In cases of doubt, it is 
absolutely necessary to examine not only the carcass, but every 
one of the organs, since the latter may afford valuable clues to 
diagnosis. In public slaughter-houses this routine is usually en- 
forced. In private slaughter-houses it can only be enforced if the 
inspector adopts a firm attitude, and refuses to pass carcasses the 
organs of which have been concealed or destroyed. Now and again 
a well-nourished carcass may show evidences of widespread tuber- 
culosis. Attempts may be made, and with no little success, to 
strip affected pleura, or to remove involved glands. Accordingly, 
when an inspector pays a casual visit, he may, on observing a well- 
developed and apparently healthy carcass, give the matter no 
further consideration. It may even happen that long before the 
official pays his visit to the booth the carcass may have been 
removed and hung up in the butcher's shop. Such reprehensible 
practice is well-nigh impossible in a well-administered public 
slaughter-house. One or more inspectors are constantly in evidence 
during the hours of slaughter, and each successive step, from the 
pole-axing of the animal till its final 'dressing,' is easily observed. 
The term ' dressing,' it may be explained, is used by butchers to 
imply the final trimming of the carcass after its organs have been 
removed, and it has been suspended and displayed for inspection. 



SLAUGHTER-HOUSES 59 

The objections that may reasonably be urged against private 
slaughter-houses are as follows : 

1. Their frequent proximity to dwelling-houses will inconvenience 
the inmates by reason of nuisance caused by the keeping of animals 
prior to slaughter, the operations of slaughter, and the offensive 
smells given off by garbage and refuse. 

2. The disturbances caused by the bellowing of cattle, the bleating 
of sheep, or the squealing of pigs. 

3. Sanitary defects in private slaughter-houses are frequently 
encountered. The drainage may be defective, or the collection and 
storage of garbage and filth may be very imperfectly carried out. 

4. Supervision is very difficult, and illicit practice on the part 
of the butcher cannot easily be checked. 

A private slaughter-house may belong to one or several persons, 
and in it several butchers may arrange to kill animals. Unless 
private slaughter-houses are regulated by means of specific by-laws, 
the ofl&cial will find it extremely difficult to control these places. 

The points that must be attended to have reference to flooring, 
smooth wall-surfaces, good lighting and ventilation, adequate 
dung receptacle, and sound drainage and efficient water-supply. 
The inside walls, as has been said, must be smooth. Roof- 
lighting and louvred ventilation should be provided in addition to 
windows made to open on the side walls. The floor should be 
impervious, and made to slope towards a gully-trap situated out- 
side the booth. If there be no drainage system available, the liquid 
sewage must be led to a properly constructed cesspool. The 
manure-pit must have an impervious bottom, slightly raised above 
the level of the surrounding ground. The sides of the pit must also 
be impervious. To carry away liquids oozing from the manure 
or garbage, a gully-trap must be placed outside the pit itself. 
This gully must, of course, be connected with a drain or cesspool 
(see Fig. 13). 

Metal barrows ought always to be preferred to wooden receptacles 
for conveying filth, blood, etc., from the booths to the manure-pit. 
If blood is to be sold, it must be kept in barrels ready for removal 
by the purchaser, usually a manure manufacturer or blood-boiler. 

In many public slaughter-houses one finds both ' lairage ' and 
* pounds ' provided. ' Lairs ' afford accommodation for animals 



6o MEAT AND FOOD INSPECTION 



I 



brought to the slaughter-house ; ' pounds,' or ' pends,' are the 
places where the animals are kept immediately before slaughter. 

In private slaughter-houses ' lairage ' is seldom provided, on i 
account of the limited space available. Should ' pounds ' exist, one 
must be on the watch for overcrowding, and strict attention must 
be directed to the cubic space and general sanitary construction of t 
these annexes. ' 

Of the eight principal towns of Scotland, Aberdeen alone still 1 
remains unprovided with a public slaughter-house, and as the ; 
private slaughter-houses are well controlled by recently-framed 1 
by-laws, these have been reproduced, and should be carefully ' 
studied. In England public slaughter-houses are the exception i 
rather than the rule. 



BY-LAWS FOR THE REGULATION OF SLAUGHTER- 
HOUSES. 

Made in virtue of the powers contained in Section 32 of the Public 
Health {Scotland) Act, 1897, hy the Town Council of the City 
and Royal Burgh of Aberdeen, as Local Authority for the Burgh 
^mder the said Act. ■ 

I. In these by-laws the following words and expressions have the 
meanings hereinafter assigned to them : 

' Veterinary surgeon ' means a duly qualified veterinary surgeon, 
approved by the Town Council, for the purposes of the Public 
Health (Scotland) Act, 1897. 

' Slaughter-booth ' means any room or place in which any animal 
is slaughtered. 

' Cooling-room ' means any room or place within a slaughter- 
house in which carcasses are kept after slaughtering. 

' Lair ' means any byre, stall, pen, or other place within a 
slaughter-house in which cattle are kept before being slaughtered. 

' Slaughter-house,' ' occupier,' ' owner,' and ' cattle,' have the 
meanings assigned to them in the Public Health (Scotland) Act, 1897. 



Conduct of the Business of a Slaugrhterer of Cattle. 



J 



2. Every owner or occupier of a slaughter-house shall afford to 
the Medical Officer of Health, Sanitary Inspector, Veterinary 
Surgeon, or other person authorized by the Town Council (herein- ■ 



SLAUGHTER-HOUSES 6i 

after referred to as ' other authorized person '), free access to every 
part of such slaughter-house at any hour by day, or at any hour 
when business is in progress or is usually carried on therein, for 
the purpose of inspecting the condition of the premises and the 
manner in which the business is being carried on, and for examining 
any carcass or portion of carcass, or any like animal that may be 
found therein ; provided that, if such Medical Officer or Sanitary 
Inspector, or other authorized person, shall have reason to suspect 
that any diseased or unsound carcass or portion of a carcass, or 
any diseased or unsound live animal intended for human food, is 
to be found within the slaughter-house, he shall have right of access 
to such slaQghter-house for the examination of such carcass or animal 
at any time by night or day. 

3. The occupier of every slaughter-house shall enter in a book, 
from day to day, a statement of the number and kind of animals 
received into the slaughter-house, together with the names and 
addresses of the persons from whom the animals have been pur- 
chased, and of the persons, other than retail customers, to whom 
the animals have been sold, and such book, which shall be in such 
form as the Town Council may approve, shall be open to the in- 
spection of the Medical Officer of Health, Sanitary Inspector, 
Veterinary Surgeon, or other authorized person. 

4. Every animal intended for slaughter shall previous to being 
slaughtered be kept in a lair, and shall be provided with a sufficient 
supply of wholesome water, and, if kept for more than twelve hours, 
shall also be provided with a sufficient supply of food. 

5. No animal shall be kept in a slaughter-house for a longer 
period than may be necessary for preparing such animal for slaughter, 
and such period shall in no case exceed three days. 

6. No animal which has been received into a slaughter-house 
for the purpose of being slaughtered, shall be removed from the 
slaughter-house before being slaughtered, except with the consent 
of the Sanitary Inspector or Medical Officer of Health. 

7. No animal shall be slaughtered except inside a slaughter-booth. 

8. No animals shall be slaughtered within sight of other animals. 

9. Every animal shall be killed as quickly and with as little 
suffering as may be practicable, and every slaughter-house shall be 
provided with suitable instruments of this purpose, to the satis- 
faction of the Town Council. 

10. No bull, cow, ox, or heifer shall be felled unless its head has 
previously been suitably and securely fastened to some part of the 
slaughter-booth. 

11. If any animal in the course of being slaughtered, or any 
carcass in the course of being dressed or cut up, exhibits any disease 
or appearance of disease or unsoundness, intimation thereof shall 
at once be sent to the Sanitary Inspector, and no part of the disease 



62 MEAT AND FOOD INSPECTION 

or unsoundness shall be removed from the carcass until the carcass 
has been inspected by the Sanitary Inspector or Medical Officer of 
Health, or other authorized person, nor shall any of the viscera 
be entirely detached from the carcass until such inspection has been 
made. 

12. If any living animal brought to a slaughter-house for the 
purpose of being slaughtered, or any carcass or portion of a carcass 
within a slaughter-house, exhibits any disease or appearance of 
disease or unsoundness, such animal or carcass, or portion of 
carcass, shall not be removed from the slaughter-house without the 
written consent of the Sanitary Inspector or Medical Officer of 
Health, or other authorized person. 

13. The lining membranes of the chest or abdomen shall not be 
stripped from any carcass until the carcass has been inspected 
by the Sanitary Inspector or Medical Officer of Health, or other 
authorized persons. 

14. No air shall be blown into the tissues of any carcass or part 
of a carcass. 

15. Every carcass, on removal from a slaughter-house, shall, if 
conveyed along a street or other public place, be suitably and 
sufficiently covered. 

16. Sufficient vessels or receptacles, properly constructed of 
galvanized iron or other non-absorbent material, and furnished 
with close-fitting covers, shall be provided for the purpose of 
receiving and conveying from the slaughter-house all blood, manure, 
garbage, filth, or other refuse products of the slaughtering of any 
animal, and shall be properly cleaned after such use. 

17. All blood from any animal slaughtered shall, as far as is 
practicable, be received in such vessels or receptacles, and, upon 
the completion of any slaughtering, all manure, garbage, filth, or 
refuse from the animals slaughtered, shall be forthwith placed in 
such vessels or receptacles, and no such substance shall be permitted 
to enter any drain, sewer, or cesspool. 

18. All blood, manure, garbage, filth, or refuse from any animal 
slaughtered, and the hide, fat, tripe, and offal therefrom, shall be 
removed from the slaughter-house within twenty-four hours after 
the completion of the slaughtering of such animal, and in such 
manner and by such means as will not cause nuisance at the premises 
or in the public streets or elsewhere, and as may be approved by 
the Town Council. 

19. No part of any animal shall be thrown into any dung-pit or 
ash-pit. 

20. No carcass, or part of a carcass, which is offensive or putres- 
cent, shall be kept in any part of a slaughter-house. 

21. The floor, walls, internal parts, and fittings of every slaughter- 
booth and cooling-room shall be kept thoroughly clean by scrub- 



SLA UGHTER-HO USES 63 

bing and washing with water from a hose or otherwise, and the walls 
shall be lime-washed or otherwise purified and disinfected, to the 
satisfaction of the Sanitary Inspector, at least four times in every 
year, namely, in the first week of each of the months of March, 
June, September, and December, or oftener, if required by the 
Sanitary Inspector. 

22. In no case shall the floor, walls, internal parts, and fittings 
of any slaughter-booth be permitted to remain in a soiled condi- 
tion for longer than two hours after the slaughtering of any animal 
or animals, or the dressing of any carcass or carcasses. 

23. Every lair for cattle, and every court-yard and other part 
of the premises of a slaughter-house, shall be kept thoroughly clean, 
and the dung and offensive litter shall be swept up and removed at 
least once daily. 

24. The inner surface of the walls and partitions of every lair shall 
be lime-washed at least twice in each year, namely, in the first 
week of each of the months of June and December, or oftener if 
required by the Sanitary Inspector. 

25. The means of ventilation, drainage, and water-supply of 
every slaughter-house shall be kept in good and efficient order. 

26. The floor, paving, walls, and other parts of every slaughter- 
house shall be kept in good order and in a proper state of repair. 

27. No slaughter-house shall be used for any other purpose than for 
the business of the slaughtering of cattle intended for human food. 

28. No animal which is not intended for slaughter for human 
food, nor any carcass which is not so intended, shall be kept in. a 
slaughter-house or received therein ; provided that this prohibition 
shall not apply to any horse or other animal used for purposes of 
draught in connection with the business of slaughtering of cattle, 
but such horse or other draught animal shall be kept in a proper 
stable separate from any slaughter-booth or cooling-room. 

29. No pigs or other animals shall be kept for feeding purposes 
within or in connection with any slaughter-house. 

30. No person shall be admitted into any slaughter-house except 
on business connected with the slaughtering of cattle, or for purposes 
of official inspection. 

31. Every person offending against any of the foregoing by-laws 
relating to the conduct of the business of a slaughterer of cattle, 
and every occupier of a slaughter-house within which or in con- 
nection with which slaughter-house an offence may be committed 
against any of the foregoing by-laws, shall be liable for every 
such offence to a penalty not exceeding the sum of five pounds, 
and, in the case of a continuing offence, to a further penalty not 
exceeding the sum of forty shillings for every day during which 
the offence may be continued after written notice of the offence 
from the Town Council. 



64 MEAT AND FOOD INSPECTION 



Structure of the Premises in which the Business of a 
Slaugrhterer of Cattle is carried on. 

32. The floor of every slaughter-booth and cooHng-room shall 
be constructed of cement or concrete or other impervious material, 
and shall be evenly sloped to one or more gullies immediately 
outside the slaughter-booth or cooling-room, to allow of the floor 
being properly flushed and drained. 

33. The walls of every slaughter-booth and cooling-room shall 
be built of stone or brick, and shall be covered on their inside with 
a smooth coating of cement or other hard and impervious material. 

34. Every slaughter-booth and every cooling-room shall have a 
proper system of drainage. 

35. Every slaughter-booth and every cooling-room shall be 
provided wth an adequate supply of water for cleansing purposes, 
in a suitable and proper position, and having a water-tap to which 
a hose can be readily attached. 

36. Every slaughter-booth and every cooling-room shall be pro- 
vided with a proper and thorough means of ventilation. 

37. Every slaughter-booth and every cooling-room shall be 
adequately lighted. 

38. Every slaughter-booth or cooling-room shall be covered with 
a proper roof, and shall not have any room or loft above it. 

39. The arrangements for the suspension or storing of carcasses 
in every slaughter-booth or cooling-room shall be such as to permit 
of the ready and proper inspection of the carcasses. 

40. The door of a slaughter-booth or cooling-room shall not open 
directly into any street or lane or other public place, and shall 
not be so situated that the slaughtering of animals can be seen 
from any public place or from any adjacent dwelling-house or other 
occupied place outside the slaughter-house. 

41. No lair or stable shall open directly into any slaughter-booth 
or cooling-room. 

42. Every slaughter-house shall be provided with suitable water- 
closet accommodation, but no water-closet, privy, or urinal shall 
be in direct communication with any slaughter-booth, cooling- 
room, or lair. 

43. Proper and sufficient provision shall be made by means of 
covered lairs for the accommodation of animals previous to slaughter, 
and such lairs shall be properly paved, drained, ventilated, and 
lighted, and have a convenient and sufficient water-supply. 

44. No lair shall be so situated or constructed that animals 
within it may see into any slaughter-booth. 



SLAUGHTER-HOUSES 65 

45. Every court- yard or area forming part of the premises of a 
slaughter-house shall be properly paved and drained. 

46. No dung-pit or ash-pit shall be permitted in any slaughter- 
house, except with the consent of the Town Council, and where 
such consent is granted, the dung-pit or ash-pit shall be constructed 
of cement or other impervious material and be properly drained, 
and be of suitable size and placed in a proper position. 

47. Every part of a slaughter-house and the premises connected 
therewith, together with all fittings and equipment and drainage, 
shall be constructed and maintained to the satisfaction of the 
Town Council. 

48. The foregoing by-laws relating to the structure of the pre- 
mises of a slaughter-house shall not be enforced in the case of any 
slaughter-house in existence at the date of the confirmation of these 
by-laws until after nine months from the date of such confirmation. 

49. Every owner or occupier of a slaughter-house offending against 
any of the foregoing by-laws relating to the structure of the premises 
of a slaughter-house, shall be liable to a penalty not exceeding the 
sum of five pounds, and in the case of a continuing offence to a 
further penalty not exceeding forty shillings for every day during 
which the offence may be continued after written notice of the 
offence from the Town Council. 

50. In addition to any pecuniary penalty imposed for an offence 
against any of these by-laws relating to the conduct of the business 
of a slaughterer of cattle or the structure of the premises in which 
such business is carried on, the Sheriff is hereby empowered to de- 
prive, by summary order, any person, either temporarily or per- 
manently, of the right of carrying on the business of a slaughterer 
of cattle. 



Mode of Application for Sanction to establish the Business 
of a Slaug-hterer of Cattle. 

51. Every person applying for sanction to establish the business 
of a slaughterer of cattle in any premises shall furnish particulars 
as to the situation of the premises, and as to their arrangement 
and construction and otherwise, in such form as may from time 
to time be prescribed by the Town Council, and the application 
shall be accompanied by (i) a detailed descriptive plan, including 
elevations and sections, of the premises, drawn to a scale of one- 
eighth of an inch to the foot, in which plan shall be clearly shown 
the mode of lighting and ventilation, and the arrangement of the 
water-supply and drainage of every part of the premises ; and (2) a 
block plan, on a smaller scale, showing the situation and distance of 
the nearest dwelling-houses and other buildings in human occupation. 

5 



66 MEAT AND FOOD INSPECTION 



Instructions for the Guidance of Persons in applying- for 
Sanction and Licence for the Business of a Slaughterer 
of Cattle within the City of Aberdeen. 

1. The business of a slaughterer of cattle cannot be established 
within the city without the sanction of the Town Council. ' 

2. Sanction is also required for any enlargement of existing 
premises, or for the transference of the business to fresh premises. 

3. Every application for sanction must be made on the prescribed 
form, which is obtainable from the Sanitary Inspector, and must 
be accompanied by a detailed plan of the proposed slaughter-house, 
or of the proposed extension, drawn to a scale of one-eighth of an 
inch to the foot. A full and true statement of the particulars 
required in the application form must be made. 

4. Besides obtaining the foregoing sanction for the establishment 
of the business of a slaughterer, every person carrying on such 
business must apply to the Town Council for a licence for the pre- 
mises. These licences expire on the 28th day of May in each year, 
and applications for renewal must be made to the Town Council 
before the first day of March preceding. 

5. Every application for licence, or renewal of licence, must be 
made on a form obtainable from the Sanitary Inspector. 

6. The fee payable to the Town Council for every order relating 
to the sanctioning of the business of a slaughterer has been fixed 
at twenty shillings, and for the granting of every licence or renewal 
of licence at five shillings. 

7. Any person establishing the business of a slaughterer, without 
the sanction of the Town Council, is liable, on conviction, to a 
denalty not exceeding fifty pounds, and if he carry on the business 
after such conviction he is liable to a further penalty not exceeding 
twenty-five pounds for every day which he so carries on the same. 

8. Any person carrying on the business of a slaughterer in 
premises without a licence is liable to a penalty not exceeding five 
pounds for each offence. 

9. If any occupier of a licenced slaughter-house is convicted of 
an offence under Section 43 of the Public Health (Scotland) Act, 
1897, relating to the sale of unsound meat, the Sheriff, Magistrate, 
or Justice convicting him may cancel the licence for such slaughter- 
house. 

Public Slaughterhouses. 

When the provision of a slaughter-house is meditated, the chief 
points demanding attention are its situation and dimensions. All 
slaughter-houses should be erected on the outskirts of centres of 



SLAUGHTER-HOUSES 67 

population. At the same time, consideration must be given to the 
convenience of butchers, who will desire the abattoir to be near the 
live-stock market, which, in turn, must be close to railway sidings. 
Then, again, the prevailing winds fall to be considered, otherwise 
any effluvia emanating from the slaughter-house will be a source o\ 
oft-recurring complaint from the affected inhabitants. 

Drainage facilities and available water-supply must also be taken 
into account when selecting a site. It may be necessary to 
provide separate drainage for the slaughter-house, altogether 
disconnecffed from the town's system ; but this is such a remote 
contingency, entailing, as it will, heavy expenditure, that it 
need scarcely be taken into serious consideration. In any case, 
ample provision must be made for the complete periodical flushing 
out of those sewers and drains intimately connected with a large 
slaughter-house. Much animal matter, including blood, reaches 
the sewers, and in summer, when the rate of flow in them is slow, 
systematic flushing must be practised. 

The need to have slaughter-houses far removed from human 
habitations is considerable, since the modern tendency favours 
the conversion of residuum into marketable and often valuable 
matters. These processes will be referred to in another part of the 
book. It is necessary to remark that modern appliances intended 
for the boiling down of carcasses and to make manurial powders are 
so designed and constructed that during these operations a minimum 
of nuisance is created. If, therefore, nuisance from either of these 
processes be complained of, the complainer will be required to prove 
that every practicable means was not being adopted to prevent tha 
occurrence of nuisance. A certain amount of nuisance must be 
expected in connection with a slaughter-house, be it large or small ; 
but efficient supervision in well-constructed and properly-equipped 
abattoirs will effectually control the degree of nuisance. The 
reverse applies to old buildings that are badly managed. 

A question of no small importance relates to the driving of cattle 
to the slaughter-house or market through busy thoroughfares. 
Unless hours be fixed during which cattle may be so driven, acci- 
dents and nuisance may be expected. 

Size and Style of Building's. — Most authorities are agreed 
that the component parts of a slaughter-house should be grouped 

5—2 



68 MEAT AND FOOD INSPECTION 

to form a quadrangle. And round about the buildings full allow- 
ance must be made for possible extensions, as well as ample 
' lairage.' Much depends upon the comfort and general construc- 
tion of ' lairs,' since all animals prior to slaughter are allowed to 
rest for twenty-four hours. An animal rendered fretful and foot- 
sore, or exhausted by overcrowding in a dingy, narrow, and badly- 
paved ' lair ' will, after slaughter, exhibit fevered, harsh, and dry 
flesh. Such flesh may not be actually condemned, but will be 
less valuable to the butcher. 

The area of ground which it is proposed to set aside for the erection 
of a slaughter-house is based upon the number of inhabitants to be 
served. Thus, for towns having 7,000 or more inhabitants the 
allowance is 4 square feet of ground for every head of population ; 
for 5,000 to 7,000, 4I square feet ; for 3,000 to 5,000, sJ square 
feet ; and for 3,000, 6| square feet. This computation does not 
take future extensions into consideration. 

There are occasions when the above allocations may have to be 
departed from. For instance, Edinburgh and Leith, though under 
different municipal governments, are, to all intents and purposes, 
one city, there being only a parliamentary line separating them. 
Each corporation possesses its own public slaughter-house, but 
comparatively few of the Leith butchers make use of their own 
abattoir, because that in Edinburgh, on account of its close prox- 
imity to the live-stock market, is more convenient. Consequently 
the Leith slaughter-house, well equipped in every respect, is much 
smaller than it would have been had the two municipalities been 
further apart. 

The Building's Necessary. — Where large numbers of pigs, 
sheep, and other cattle are slaughtered, the provision of 'lairs,' 
'pounds,' and booths must be ample. There must also be com- 
modious triperies, as well as detached buildings for housing sick 
animals, and for suspending carcasses for review by the meat 
inspectors. ' Condemned cells ' must also be provided, it being 
advisable to furnish these with locks which can only be fitted by 
a key in the possession of the chief meat inspector. Boiler-houses 
will be necessary for the supply of steam to drive machinery used in 
connection with tripe-cleaning. Cold stores may be erected for the 
convenience of butchers ; and if the slaughter-house be in an 



SLA UGHTER-HOUSES 



69 




~M 



1^ P c 



[zn 



□ P 




"1 I 

CL " 



tL 



[JVJ 



t 



SP 



r 



DS 




1 f D □ 

' T □ 1=1 



D n 



Fig. 25.— Plan of Leith Corporation Public Slaughter-house. 

B, B, B, Booths for animal slaughter ; C L, cattle lairs ; P P, pigsties ; 
P, pig-killing house, with plotting-tanks, etc ; B, large booth used for 
condemned carcasses ; S P, sheep-pends ; D S, dung-stead ; D, steam 
digester; B, boiler; T, tripery ; O, ofhce with superintendent's 
house above ; S Y, steelyard for weighing. 



70 MEAT AND FOOD INSPECTION 

important centre, the chief meat inspector, usually a qualified 
veterinary surgeon, will require a well - furnished laboratory 
and microscopic room. The superintendent of the slaughter-house 
is often resident on the premises, and in addition to his dwelling- 
house and office, accommodation for staff, such as dining-rooms, 
lavatories, etc., are necessary. In this country the plan followed 
in the arrangement of a slaughter-house differs from that favoured 
in Germany, that country being specified because in the direction 
of meat control we have much to learn from our continental friends. 

In British slaughter-houses small booths are used in which 
animals are killed, whereas in Germany one or more large well- 
lighted halls are provided. In either case the animals may be 
stalled in ' pounds ' attached to the booths and halls, sliding-doors 
admitting animals for slaughter. 

It will be generally agreed that the superiority claimed for the 
German system is real, since a meat inspector can watch the suc- 
cessive steps of slaughter and preparation of carcasses under one 
roof. In the case of booths separated from one another, when 
perhaps several animals are being simultaneously killed, the utmost 
vigilance of an inspector is required to closely supervise operations 
at different places. 

A visit to the Glasgow Corporation Central Slaughter-house at 
Moore Street will convert one to a belief in the German system as 
opposed to our own. The pig-killing hall is a commodius erection, 
and in it every convenience is available for the killing, plotting, 
dressing, and hanging up of pigs. The inspector can see every- 
thing that is going on at a glance. Not so, however, when he 
comes to inspect the butchers who, in different booths, are busily 
engaged with pole-axe, pithing-cane, or knife. 

Another feature in which Germans excel is the provision of 
killing-halls for large as well as small animals. In this country the 
booths are used for oxen, sheep, or calves, pig-killing being invariably 
performed in a separate place, where plotting-tanks are necessary 
fittings. After a pig has been kiUed and bled it is immersed for a 
few moments in a tank filled with very hot water. This operation 
loosens the bristles, which are then easily scraped off by the 
butcher. 

As has been said, all lairs and pounds must be well ventilated and 



T 




M 








Fig. 26. — Plan of German Slaughter-house. 

E. Pig-sties ; F, slaughter-house for pigs ; G, butcher's room ; H, boiler- 
house ; I, tripe-house ; J, slaughter -hall ; K, manure pit ; K, lava- 
tories, etc ; M, lairs for small animals ; N, for large animals ; 
O, emergency accommodation ; P, superintendent's house and office ; 
Q, stables, etc. ; R, refrigerating plant ; S, engine. T, Stalls for con- 
demned and sick animals. 



72 MEAT AND FOOD INSPECTION 

lighted, their floors being impervious. Watering-troughs are also 
required. If any live animal be suspected to be suffering from 
disease, it may be stalled in a building specially set apart. Sheep 
are penned together, as also are pigs. Frequent limewashing and 
cleansing should be practised to maintain these pens in a sanitary 
condition. 

Booths must be provided in which diseased carcasses can be 
displayed for examination at the hands of the meat inspector. 
Condemned carcasses may then be removed to the ' condemned 
cell ' to await final destruction, as will be presently described. 
The carcasses of animals that have died of anthrax are imme- 
diately buried or cremated, as [required by the Anthrax Order. 
The height of booths or killing-halls should never be less than 
10 feet. 

All slaughter-houses must be provided with an abundant supply 
of pure water. The drainage system must be of sound con- 
struction. The more frequently and thoroughly slaughtering- 
booths are douched out with water the better will the sanitation 
of the premises remain. If the internal walls be lined with glazed 
enamelled bricks or |-inch tiles, the cleanly appearance of interiors 
will be enhanced. 

In place of a manure-pit it is best to provide metal carts, which 
will be removed as soon as they are filled. When there is a manure- 
pit, its capacity should be small in order to necessitate frequent 
emptying. 

Rooms for Offensive Trades. — In arranging the various build- 
ings, it is usual to group them in such a way that a boiler will be 
within convenient reach of those booths and halls in which steam is 
necessary. In large slaughter-houses, for instance, enormous numbers 
of tripes (stomachs) are cleansed by means of revolving brushes 
actuated by machinery. The hall in which tripe- cleaning is carried 
on must be very well lighted and ventilated, and the walls and 
floors of good construction. The conduct of this business is 
filthy in the extreme, and the floors are constantly wet. Great 
attention must be paid to the drainage facilities of the tripe- 
cleaning rooms. 

Attached to this hall may be one in which hoofs are removed from 
the feet of animals. The feet are immersed in a large hot-water 



SLAUGHTER-HOUSES 73 

tank, the steam from which must be caught up by a hood, its outlet 
being led into a flue or chimney, fans aspirating the steam upwards. 

With regard to the separation of hoofs, the process is as follows : 
After the plotting of the feet in hot water, the hoof is loosened, and 
easily detached by a deft movement against a hook fixed in the 
wall. Then with a sharp knife the operator peels off the coarser 
portions of skin round the foot, the feet being then ready for sale. 
Amongst the poorer classes roasted feet are considered to be a 
great delicacy. 

It is s(?krcely necessary to repeat the need for good lighting, ven- 
tilation, and impervious flooring in such a hall. It is important 
that metal receptacles should be provided for containing the parings 
and scrapings from the feet after the hoofs have been removed. The 
hoofs and parings may be sold to gelatine or glue manufacturers. 

Tripe Cleaning". — Rapidly-revolving brushes remove the grosser 
impurities from the tripes, which are plunged into a hot- water tank. 
Subsequently the tripes are suspended from a hook fi^ed in the 
wall, and the mucous membrane peeled off with the fingers. The 
tripes are then immersed in cold water until the butcher comes to 
claim them. In small slaughter-houses, where the output of tripes 
is small, no machinery is provided, consequently hand-cleaning 
is practised. Hand-cleaned tripe is invariably preferred by the 
butcher, who knows that the ' bags ' are purer than those dealt 
with by machinery. 

In another airy building, detached from the booths where meat 
is exposed for sale or inspection, gut- cleaning is carried on. This 
is another nuisance-provoking trade, and in addition to the smooth- 
topped tables on which the guts are cleaned and scraped, there 
must be water-tanks in which the cleansed intestines are immersed. 
Metal receptacles must be provided in which to collect the evil- 
smelling garbage. 

Fat Extraction. — Every public slaughter-house ought to be 
provided with one or more steam- jacketed digesters, in which the 
carcasses of condemned animals may be treated in order to extract 
fat from them. Heretofore it has been usual to boil down 
condemned carcasses (anthrax excepted) in open vats. This method 
is slow, extravagant, and not profitable. Since the steam digester 
replaced the open vat at the Leith Corporation slaughter-house 



74 MEAT AND FOOD INSPECTION 

llie quantity of fat extracted and sold to tallow-merchants has 
been more than doubled. The boiler which supplies steam to 
the jacket of the digester also provides steam for the tripery and 
pig-killing house. Thus one fire performs the work which formerly 
demanded the employment of two, one for boiling down carcasses, 
the other for maintaining a supply of hot water in the tripery. 
So pure is the fat extracted that it yields a very good revenue, 
over twenty shillings per hundredweight being paid for it by tallow- 
merchants. The following description indicates how carcasses are 
dealt with. 

A carcass, after having been cut into pieces of convenient size, is 
packed into a wire cage, which is let down by chain and pulley into 
the digester. With its lid clamped down, the digester forms an 
autoclave on a large scale. Steam is not admitted into the body 
of the digester, but into a jacket surrounding it. The pressure at 
which the steam is maintained in the jacket varies between 40 and 
50 pounds to the square inch, and after several hours the fat is 
thoroughly extracted from the bones, etc. The fat in a liquid state 
is drained off at an opening at the bottom of the digester, the cage 
being hoisted up, and its contained bones decanted and sold to 
manure manufacturers. Pig-keepers eagerly buy the macerated 
flesh, which is well charged with nitrogenous matters. A detached 
building will be necessary for the installation of a steam digester, 
since from beginning to end of operations in connection with the 
digester the smells are objectionable. The building must be well 
lighted and ventilated, and the cement-covered floors ought to be 
periodically washed with soda and hot water to remove accumula- 
tions of grease. Metal receptacles ought to be provided for storing 
the bones and flesh removed from the digester. 

Blood-drying rooms are still found in connection with some 
slaughter-houses, but the value of dried serum, the fluid part of the 
blood, which has already been referred to, has so markedly declined 
that no encouragement need be given to the continuance of this 
evil-smelling process. It is better to collect blood in barrels, which, 
when full, are periodically removed by a person contracting for the 
purchase of the blood. 

Blood in small quantities is bought by sausage-makers for the 
manufacture of blood-sausages. These are made by mixing bread, 



SLA UGHTER-HOUSES 



75 




Fig. 27. — Steam Digester. 

I, Bottom tap for draining off melted fat; 2, casing of digester; 3, wire 
cage for containing cut down carcasses ; 4, lid of digester. 



76 MEAT AND FOOD INSPECTION 

oatmeal, spices, and blood, and packing the mixture into cleaned 
intestines, to be subsequently cooked in pans made for the pur- 
pose. The fumes emanating from boiling blood-sausages should 
be carried off by a hood fitted over the boiler. An alternative 
method of carrying off the effluvia is to lead them into the chimney 
by a special flue attached to the lid of the boiler. 

Another process which will yield a good source of revenue is 
that of mamire manufacture, but it will only be under exceptional 
circumstances that this trade may be carried on. Podewill's 
apparatus, though costly, will soon repay itself, since in it blood, 
garbage, and fish offal may be converted into a guano-like 
powder of high manurial value. Podewill's apparatus consists 
of a jacketed steel boiler, inside which revolving arms are fitted. 
Steam is led into the jacket, and the contents of the inner chamber 
continually stirred by the arms rotated by machinery. At the 
end of a specified time the contents are converted into a fine meal- 
like powder, which is collected in sacks or barrels and sold to 
manure manufacturers, who use the poudrette as an excipient for 
the manufacture of fertilizing stuffs. 



CHAPTER VI 

TH& APPEARANCES OF HEALTHY AND DISEASED 
ANIMALS 

The need for veterinary inspection of living animals — The difficulties of the 
public health official — Cross-swearing in ' meat cases ' — Unfortunate 
results — The value of observation on the part of the health official — 
Consideration of various diseases, injuries, etc., encountered among 
animals sent to the slaughter-house — Pulse rates — How to count the 
pulse — Temperatures of cattle and horses. 

During his round of inspections the health of&cial may detect an 
animal or animals that appear to be either diseased or unsound. 
Under such circumstances the aid of a duly qualified and competent 
veterinary surgeon should be enHsted. Mistakes are now and 
then committed by relying too much on external appearances alone. 
The onus of declaring whether a living animal is sound or not 
should therefore be placed upon the shoulders of a veterinarian, 
whose special training quahfies him to pronounce opinions upon 
such animals. 

It is specially when animals reach the slaughter-house, or are in 
course of transit to that place, that seizure is liable to take place. 
Under the Pubhc Health Acts of England and Wales, Ireland, 
London, and Scotland, the responsible official is, under special cir- 
cumstances, vested with powers to seize any animal alive or dead. 

Disputes are not likely to arise at the slaughter-house itself, since 
the presence of the animal there proves that it has been consigned 
for human food. It is when seizure is threatened at a market or 
railway siding that strenuous opposition may be offered by the 
consignee, who vigorously protests against any intended attempt 
on his part to evade public health enactments. And to further 
complicate matters, the health official may find himself confronted 

n 



78 MEAT AND FOOD INSPECTION 

by an array of professional and lay experts, all prepared to swear 
that the obviously diseased animal was, at the time of its seizure, in 
good condition, and quite fit for human food. 

It may be safely said that more cross-swearing is heard in con- 
nection with ' meat cases ' than in anj^ others in which the health 
official may find himself involved. As a result of this conflict of 
opinion, many unsatisfactory decisions are given. Such verdicts, 
while based upon evidence given in the witness-box, are utterly 
at variance with public health interests, since by escaping punish- 
ment the trickster of the trade is permitted to continue his nefarious 
dealings in poor stock. Honest butchers and dealers of repute 
eschew this trade in low-class animals. 

As has been said, the sanitary official cannot be expected to 
possess the skill of a qualified veterinarian, nor must he profess 
expert knowledge when called upon to examine living animals. 
Nevertheless, an intelligent and quick-witted official will be able to 
use to good purpose such knowledge as may be gained by a careful 
and appreciative study of his subject. It may also be added that 
the observant official, aided by practical experience, will seldom 
be found in error when his suspicions become fixed on an animal 
suspected to be unsound or unfit for human food. 

Should a number of animals be collected together in pens or 
lairs, attention must be directed to those exhibiting signs of 
disease, malnutrition, or injury. Amongst cattle especially it will 
be easy to single out the well-set-up, plump, flat-backed, sturdy 
animals from their listless fellows, exhibiting rough, staring hair 
and hide-bound. Animals that are sick may not only be lying 
down, but loath to rise, even after considerable goading. A muco- 
purulent discharge flowing from the nostrils and a resounding, 
hollow cough, accompanied by rapid breathing, will lead one 
to suspect tuberculosis. While hurried breathing leads one to 
suspect pulmonary disease, it must be kept in mind that animals 
hurriedly driven will ' blow ' for a considerable time after coming 
to a standstill. Cattle housed in ill-ventilated sheds will, on 
account of their being deprived of oxygen, evince laboured breathing. 

While most tuberculous animals are thin, scraggy, and hide- 
bound, a hasty conclusion must not be formed regarding every beast 
presenting such appearances. An instance may be quoted in 



APPEARANCES OF HEALTHY AND DISEASED ANIMALS 79 

support of this warning. While visiting the abattoir, a thin dairy- 
cow was led into a slaughtering-booth. The animal was scraggy 
and hide-bound. Anxious to demonstrate to his pupils the post- 
mortem appearance of what was considered a typical ' piner,' 
the writer laid stress upon the animal's miserable condition ; and, 
looking to the fact that the cow had been living an unhealthy life 
in a badly-ventilated cowshed, the pupils were advised to expect 
a good instance of tuberculosis. After slaughter, the carcass was 
opened and carefully examined, but no vestige of tuberculosis could 
be detected. The only evidence of disease was a huge mammary 
abscess, which contained quantities of evil-smelling pus. The 
animal was thin because it had been housed in an unhealthy byre, 
and besides suffering great pain, had been subjected to continuous 
milk depletion for months on end. 

A healthy animal ought to be alert and full of energy. When a 
healthy animal has been resting and calmly chewing its cud, it 
usually defsecates when it rises. A swollen condition of the abdo- 
men, due to tympanitis or ' hoven,' peritonitis, and intestinal 
obstruction, will be accompanied by restlessness, arched back, and 
groaning. If only one nostril shows discharge, the cause is probably 
local. Discharge from both nostrils indicates general weakness of 
the animal. 

Swellings on the jaws lead one to suspect the existence of the 
condition known to butchers as ' lumpy jaw ' (actinomycosis). 
In ox nettle-rash the head is swollen, a similar condition being 
found in horses suffering from influenza. 

Cattle may be unable to walk owing to fracture of the pelvis, a 
not infrequent accident caused by the sudden slipping apart of the 
hind legs on wet pavements or greasy cobble-stones. Ruptured 
tendons and fractures of the limbs also cause lameness. Lameness 
may be caused by foot-soreness induced by the driving of animals 
along rough roads, especially if the animals have been led from 
pasture land, where the soft turf has been like a carpet to their 
feet. Animals transported by rail now and again exhibit signs 
that might be mistaken for an impending seizure of anthrax. The 
affected beast staggers as if giddy, its appetite and rumination being 
lost. The temperature does not rise, but the pulse is accelerated 
to 100. Respiration may become spasmodic, and death may result. 



.8o MEAT AND FOOD INSPECTION 

Dropsy reveals itself by cedema, water-logging, which may be 
general or local. This dropsy may be caused by heayt disease, due 
either to organic changes in the heart, or to impacted needles, nails, 
hairpins, etc., penetrating the stomach walls, and finally lodging 
in the heart. The oedema of dropsy pits on pressure, inflammatory 
swelling does not. A one-sided bulging of the abdominal wall 
points to the presence of tympanitis or ' hoven ' induced by indis- 
cretions, or over-indulgence in food. 

While grunting in the pig is characteristic, the absence of sound 
may demand a closer examination of the animal. 

Pigs that have been housed in damp and insanitary sties not 
infrequently suffer from rheumatism, which is detected by the 
swollen condition of the joints. The animals move with great 
dif&culty, or are unable to walk. So much do these unfortunate 
brutes occasionally suffer that the skin over the swollen joints 
becomes ulcerated and bleeds. Immediate slaughter will alone relieve 
these animals from their sufferings. As a rule, the pigs are permitted 
to wallow in filth until the disease abates. Cattle, sheep, and pigs 
affected by foot-and-mouth disease stamp their feet and salivate. 

Skin diseases, sheep-scab, and itch prompt the affected animals 
to rub themselves against posts, etc. Rigors (shivering) suggest in- 
flammatory mischief, just as they do in the human being. Ring- 
worm must be looked for when examining live animals. Also at 
certain seasons of the year milch cows suffer from cow-pox. 
Swellings elastic to the touch are felt under the integument. These 
protuberances contain larvae. 

In cattle the pulse-rate averages 40 a minute. In the horse 
the rate is slower, but in sheep and dogs it is about 80. It is 
difficult to ascertain the normal pulse of sheep, because it is only 
after the animal has been chased and caught that it can be ex- 
amined. Even then it retains its excitement. In horses the pulse 
is felt inside the edge of the jaw, in cattle on the outside edge. The 
tail also yields a reliable pulse-rate. To count the pulse in dogs 
and sheep the femoral artery inside the thigh must be felt. Tem- 
peratures are taken by inserting the thermometer in the bowel and 
tying the instrument to the tail. In cattle the normal tempera- 
ture is about 101-5° F ; in the horse 100° to ioo'5° F. A rise of 
temperature one degree above the normal should arouse suspicion. 



CHAPTER VII 
ANATOMICAL CONSIDERATIONS 

Skeletal formation : spinal column, ribs, breast-bone, haunch-bones, shoulder- 
blade, forearm bones, skull — The stomach and its compartments, its 
capacity and functions — Causes of fermentation in stomach — Rennet 
and its manufacture — Tripe cleaning — Intestinal tract, liver, spleen, 
kidneys, heart, blood, lungs, pleura and peritoneum — Uterus — Bone- 
marrow in cattle and horses — Lymphatic system : the situation and 
names of various glands. 

For the benefit of the student who is anxious to dip a httle more 
deeply than usual into the question of meat inspection the following 
anatomical facts may be of value in the pursuit of his studies : 

Skeletal Formation. — The spinal or vertebral column in rumi- 
nants is composed of the following parts : 

Cervical region, comprising 7 bones. 
Dorsal ,, ,, 13 ,, 

Lumbar ,, „ 6 „ 

bacral ,, ,, 5 55 

Coccygeal ,, ,, 16 to 20 ,, 

As compared with those of the horse, the vertebrae of the ox, 
especially in the dorsal, lumbar, and sacral regions, are more mas- 
sive. The sacrum of the ox is more arched than that of the horse, 
and its upper surface more convex. The coccygeal vertebrse of the 
ox are also stronger than those of the horse. 

Ribs. — The ox, sheep, and goat possess thirteen pairs, eight 
true and five false. The pig has fourteen pairs. The ribs of the 
ox are straighter, broader, longer, and not so arched as those of 
the horse. The necks of the front ribs are short, and their tuber- 
osities prominent. The necks of the posterior ribs are long, thin, 
and smaller than those of the horse. In the ox the sternal ends 

81 6 



82 MEAT AND FOOD INSPECTION 

of the ribs expand and articulate with their cartilages by means 
of true joints. In sheep and goats the sternal ribs are fixed to their 
cartilages. 

Sternum. — This bone is flat above and below, and not from 
side to side, the superior surface, which "forms part of the floor of 
the thorax, being concave. The ensiform, or shovel, cartilage is 
large and round. The seven bones which constitute the sternum, 
or breast-bone, of the ox are more closely united than those of the 
horse. In the ox the manubrium, or handle, of the sternum 
moves laterally by means of a true joint. This joint does not 
exist in sheep and goats. 

Pelvis. — The pelvis (haunch-bone) and symphysis of the ox are 
very long. The innominate bones of the ox and horse are of the 
same shape, that of the former being longer. In the ox the 
symphysis is never completely ossified. 

Femur and Leg" Bones. — The femur, or thigh-bone, of the ox 
differs from that of the horse in being without a lesser trochanter. 
The tibia of the ox has no articular surface for the fibula, which is 
represented by a long ligament extending the entire length of the 
tibia. In most ruminants the fibula is rudimentary. In the 
ox the external malleolus is represented by a separate bone, known as 
the malleolar bone. The fibula is always present in the horse. 
The tarsus is made up of five bones. 

Scapula, Shoulder -Blade. — This bone is large and triangular- 
shaped. In the ox the spine is prolonged, and ends as the pointed 
acromion. In the horse the spine ends at the neck of the bone. 

Forearm Bones. — The forearm bones of the ox are short, 
almost completely fused together, and their movements very limited. 
The ulna in the ox is longer and thicker than that of the horse. 
In the ox and sheep there are only six bones in the carpus. 

Cranium. — ^The skull of the ox differs from that of the horse, 
especially in the formation and extent of the frontal and parietal 
bones. The frontal bone of the ox extends from the nose to the 
ridge of the head. In the horse the frontal bone extends from the 
orbit to the top of the skull. The frontal bones of the ox also offer 
supports for the horns. The forehead of the bull is shorter and 
broader than that of the ox or cow. In hornless cattle the frontal 
bone ends in an elevated ridge at the top of the skull. 



ANATOMICAL CONSIDERATIONS 83 

To prevent injury to the brain from butting, etc., the frontal 
bones of cattle are very strong, being composed of two layers of 
bone separated from one another in some parts by an intervening 
space of an inch. The cavities of the orbits, nostrils, and frontal 
sinuses intercommunicate, so that the spread of inflammatory affec- 
tions from one part to another is rendered easy. 

Stomach. — In ruminants the stomach is a complex organ con- 
sisting of four compartments, each possessing special functions. 
The foo(^of ruminants is comparatively deficient in nutrient matter. 
The ingestion of enormous amounts is thus rendered necessary, and 
to accommodate these quantities a large stomach is called for. In 
flesh-eating animals and in the horse the stomach is of simple con- 
struction. This difference in formation accounts for the fact that 
fermentation of food takes place in the complex stomach of the ox, 
whilst in the horse fermentation occurs in the intestines. In flesh- 
eating animals the simple form of stomach is absolutely necessary 
in order to hasten digestion, and so obviate fermentative changes. 

Fermentation not infrequently occurs when cattle are permitted 
the sudden and indiscriminate use of clover or rich pasture. This 
causes an enormous and painful distension of the rumen, such 
tympanitis being known among farmers and cattle-owners as 
' hoven.' Sheep and horses are also attacked by tympanitis. 
Another accident that may occur in the complex stomach is im- 
paction of food in the folds of the omasum, the peculiar construc- 
tion of which lends itself to such contingencies. 

The stomach of cattle occupies the greater part of the abdominal 
cavity, the capacity of the stomach being about 55 gallons. In 
fat oxen the stomach and intestines, when empty, weigh respec- 
tively. 2 7 per cent, and I '4 percent, of the total weight of the animal. 
As in the sheep, the stomach of an ox is divisible into four portions, 
known as the rumen or paunch, reticulum or honey-comb, 
omasum, psalterium, or manyplies, and lastly, the abomasum or 
rennet. The sheep's rumen differs from that of the ox in possess- 
ing a conical process on its under side. 

The first three compartments are mainly concerned in the macera- 
tion of food, the rennet being the true digestive stomach. 

In the ox the rumen occupies three-quarters of the abdominal 
cavity, is situated on the left side of the animal's body, and con- 

6—2 



84 MEAT AND FOOD INSPECTION 

stitutes nine-tenths of the whole stomach. The spleen is attached 
to the left of the rumen. The oesophagus, or gullet, opens into 
the rumen, which receives the partially masticated food. The 
reticulum lies in front of the rumen, the omasum and abomasum 
to its right. When calves are being reared on milk the paunch 
is not called upon to perform its functions, the milk passing 
directly into the omasum, and thence to the abomasum or rennet. 

The rumen is divided by a fissure into a right and left lobe, the 
latter receiving the oesophagus. The right lobe is covered over by 
peritoneal omentum. The posterior end of the rumen comes in 
contact with the genito-urinary organs, the anterior touching the 
diaphragm. 

The reticulum or honey-comb, which is the smallest of the four 
compartments, is elongated from side to side, and lies between the 
left half of the rumen and the diaphragm. The reticulum derives 
its name from the honey-comb-like appearance of its internal coat- 
ing. Foreign bodies are not infrequently found impacted in the 
honey-comb. This compartment communicates with the oesophagus, 
rumen, and omasum. 

The omasum, or third compartment, is ovoid in shape, and 
receives the food after it has been remasticated. Its mucous mem- 
brane is arranged in leaves or folds, following the long axis of the 
chamber which communicates with the reticulum by means of a 
narrow neck. 

The abomasum, rennet, or reed, ranks next in size to the rumen. 
In the young animal it is specially large. 

After partial mastication the food passes into the rumen, where 
further trituration takes place. When the animal proceeds 
to chew its cud the food is regurgitated by means of the strong 
voluntary muscular walls of the oesophagus. After being subjected 
to a second chewing process, the food passes into the omasum, 
where it is compressed and thoroughly macerated between the folds. 

It is believed that the omasum acts chiefly as a reservoir for 
fluids, solids discovered in this compartment being invariably found 
well diluted. As has already been said, gastric digestion takes 
place in the rennet. 

In making cheese, curds and whey, or 'junket, rennet is largely 
employed, the substance being derived from the inner coat of the 



ANATOMICAL CONSIDERATIONS 85 

fourth stomach. As soon as the calf is killed the stomach is re- 
moved, and the soft, velvety lining membrane of the rennet scraped 
off. When this product is salted and dried it can be kept for a long 
period. The secretion of this portion of the stomach has an acid 
reaction. Nowadays the milk-curdling ferment (rennet) is made 
and sold in the form of an extract, its preservation being secured 
by the addition of alcohol. 

If the stomach is not properly cleansed at the slaughter-house, 
and if during hot weather tripes be kept in tubs containing filthy 
water, inany complaints from purchasers will be made to the 
health official. Good tripe is a delicacy, but at certain seasons of 
the year, in summer especially, it is not wise to use it. Under the 
closely-packed folds of the manyplies filthy matters pass the 
observation of the tripe- cleaners, and putrefactive changes rapidly 
take place. In the poorer localities of his district the official may 
observe tripes hung up on hooks to attract attention. Needless 
to say, exposure to the heat of the sun's rays and to street dust is 
not conducive to the good preservation of tripe. In well-regulated 
butchers' shops tripes are stored in glazed stoneware dishes con- 
taining clean water and fitted with covers. This procedure should 
always be insisted upon. Scotch haggis is encased by a compart- 
ment of the sheep's stomach. 

Intestinal Tract. — The small intestines of the ox measure 
140 feet, those of the horse 70 feet. The large intestine of the ox 
is 36 feet in length. In pigs the intestines are 72 feet long, 56 feet 
of this length being monopolized by the small intestines. In sheep 
the intestines measure 108 feet. In dogs, cats, and carnivorous 
animals there is no differentiation between large and small intes- 
tines. 

The small intestine of the ox is smaller in calibre than that of 
the horse, and possesses more convolutions. The duodenum of 
the ox is widened, and its Peyer's patches, though larger, are not so 
numerous as those found in the horse. In the ox there is no separa- 
tion of the colon into great and floating portions, as is found to 
exist in the horse. 

The Liver. — In the ox this organ is a very thick mass situated 
in the right hypochondrium. It consists of four lobes, two large 
and two small, with a pear-shaped gall-bladder situated behind 



86 MEAT AND FOOD INSPECTION 

the organ. The large lobes are known as the right and left, the 
smaller as the quadrate and spigelian, which are situated above 
and behind the main mass of the liver. The cystic and hepatic 
ducts join to enter the duodenum. In the horse the gall-bladder 
is never present, and the liver is three-lobed ; weight, 6 to 8 pounds. 
The liver of the ox weighs between I2 and 15 pounds, or about 
one eighty-fifth of the total weight of the animal's body. In 
sheep and goats the liver weighs about one fifty-third of the total 
weight of the animal, or between i and 2 pounds. Butchers 
are led to speak of large and small sheep livers on account of 
the varying weights of that organ. The pig's liver has four 
lobes, in addition to the quadrate and spigelian. Its weight is 
from 2 to 4 pounds. 

Though the reddish-brown colour of the liver is almost universal, 
one may come across instances in calves and young oxen where 
the organ is yellowish. Fatty infiltration may also be found in 
the livers of animals specially fed for the butcher. 

Spleen. — In Scotland the butchers call this organ the melt. 
The spleen of an ox is long, flat, and oval-shaped, not unlike the 
human tongue on a large scale. The size of this organ varies, and 
in healthy animals it attains its largest size five hours after digestion. 
Its weight in oxen is about 2 pounds. The sheep's spleen weighs 
31 ounces. 

In bulls and fat oxen the organ is brownish-coloured, firm, thick, 
and biconvex, with rounded edges. In the cow its surfaces are 
flat, the edges sharp, and the colour slatey-blue. In the calf the 
spleen varies in colour between reddish-brown and bluish-red, 
both surfaces being convex and the edges rounded. The spleen 
is not used for human food. To the meat inspector this organ 
is an important one, since its great enlargement in anthrax is 
characteristic. 

In goats and sheep the shape of the spleen differs in no way 
from that of cattle. The colour of the organ in these animals is 
reddish-brown, becoming dark red after exposure to the atmo- 
sphere. The surfaces and edges are convex, and the weight about 
2"Ti ounces. The pig's spleen is tongue-shaped, of bright red colour, 
becoming darker after removal from the body ; weight, 6 ounces. 
In the horse the spleen is sickle-shaped, flat, and of a violet hue, 



ANATOMICAL CONSIDERATIONS 87 

which changes to a reddish-brown after the organ has been hung 
up for some time. The edges of the organ are rounded. 

The Kidneys. — In well-nourished carcasses the kidneys are 
hidden under a heavy layer of fat. In thin animals, or those that 
have been the subjects of wasting disease, the deposit of fat in this 
region is very scanty. This is an important fact to bear in mind 
when examining carcasses. In cattle the surfaces of the kidneys 
show lobulation ; in the horse the surfaces are smooth. 

In cattle the right kidney is fixed to the abdominal wall, the 
left bein^free. The weight of each kidney is about i| pounds. 
In bulls and oxen the kidneys are heavier than those in the cow. 
The right kidney of the horse is heart-shaped, the left shaped like 
a bean. The kidneys of a horse weigh about 2 pounds. 

In pigs, sheep, and goats, the kidneys are bean-shaped, and 
smooth on the surface. 

Heart. — In animals that have been well bled small quantities 
of blood may be found in the chambers, the coronary veins being 
empty. In the hearts of cattle two small bones (ossas cordis) are 
found in the fibrous ring of the aortic valve. These bones are not 
present in the horse. In old pigs the cartilage found at this point 
may have become ossified. The heart of the ox is more conical 
than that of the horse, and there is more fat round it. In old sheep 
a small bone is sometimes found on the right side of the heart. 

Blood. — Most of the blood collected at slaughter-houses in 
this country is stored in barrels and sold to manure manufacturers, 
who treat the blood, after mixing it with garbage, fish, offal, etc., 
in steam jacketed cylinders — e.g., Podewill's apparatus — in order 
to convert the mass into a powder, which commands good prices as 
a basis for the manufacture of artificial manures and soil-fertilizers. 
Blood-boiling creates so much nuisance that the process is not en- 
couraged. When used for making sausages in the form of ' black 
puddings,' blood is mixed with bread, oatmeal, and condiments, 
and packed into the prepared intestines of cattle. After this the 
' puddings ' are boiled, and unless proper precautions are adopted 
to destroy or carry away the resulting fumes by leading them over 
a fire or into a flue, nuisance may be created. 

It must be noted that when blood is to be used for human food — 
e.g., in the making of ' black puddings ' — precautions must be 



88 MEAT AND FOOD INSPECTION 

adopted against possible contamination. In the neck stab, for 
instance, great care must be taken to avoid wounding of the 
oesophagus, lest contamination of the blood with stomach contents 
should take place. 

At many slaughter-houses provision is made for the separation 
of serum from the blood. This is effected by gravitation, the 
serum exuding from the blood-clot and dropping through perforated 
metal trays to be caught by flat dishes. The serum is subse- 
quently dried in specially heated compartments, the resulting scaly 
preparation being used as a mordaunt for dyes. Since the prices 
of dried serum have fallen very considerably, the practice of pre- 
paring it in the manner described is being departed from. Very 
offensive odours are created during the drying process. The blood- 
clot left over is sold to manure manufacturers. Albumin may be 
extracted from the blood, and in Germany peptone foods are pre- 
pared from it. 

Lung's. — Among butchers these are known as the lights. 
In cattle, sheep, and goats, the left lung consists of two lobes ; 
the right lung may possess four or five lobes. In these animals, 
also, the anterior lobe of the right lung receives an independent 
bronchus from the lower part of the trachea. This arrangement 
is not found in the horse. In pigs either two or three lobes may 
be found on the left side, and three or four on the right. 

In the horse the lungs consist of a left anterior and a posterior 
primary lobe, with an additional pyramidal lobe. 

Pleura and Peritoneum. — These thin coverings of the lungs and 
abdominal organs are frequently the sites of tuberculous deposits 
and inflammatory adhesions. The practice of stripping either 
pleura or peritoneum in order to obliterate traces of disease is re- 
ferred to elsewhere. 

Tongfue. — In cattle the tongue is pointed at its tip, and very 
rough on its upper surface on account of the presence of the filiform 
papillce, which incline backwards. In cattle one will find twenty- 
four circumvallate papillce, twelve on either side of the middle line. 
The tongue is frequently marked with black spots. In the horse the 
tongue is square-tipped, smooth, never shows black spots, and pos- 
sesses but few circumvallate papillae. In the ox the os hyoides found 
in the wind-pipe or trachea is composed of nine segments ; in the 



ANATOMICAL CONSIDERATIONS ?9 

horse there are only five segments. In sheep and goats the tongue 
differs from that of cattle by being hollowed out in the middle line. 
The pig's tongue has no dorsal ridge. Its surface is smooth, with 
only two circum vallate papillae on each side of the mesial line. The 
dog's tongue is flat, and marked by a median groove. At its pos- 
terior surface there is found a cartilaginous body known as the 
' lyssa.' 

Uterus. — In cows the womb possesses two horns, and after 
slaughter should always be examined for signs of disease — e.g., 
inflammation — especially if the animal has recently calved. 

Marrow. — ^The marrow of the bones of the horse is oily, and has 
an unpleasant smell. In cattle the marrow is firm, and is odourless. 

Lymphatic System. — It is of the utmost importance that the 
meat inspector should be able to locate and cut down upon the 
lymphatic glands, which are liable to be the seats of disease. 
Traces of disease may be so cleverly removed by ' stripping ' that it 
becomes necessary to make a critical examination of the deeper 
glands. On section, these glands may verify the suspicions of a 
careful meat inspector. 

Lymphatic glands vary in size. They may be as large as a 
walnut or as small as a sago-seed. They are relatively larger in 
young than in full-grown animals. A healthy lymphatic gland, 
when cut into, presents a surface of dirty-white or bluish-grey 
tint. In pigs the appearance is white. The consistence of lym- 
phatic glands is firm, with the exception of those found in the 
splanchnic region (abdomen), where they are soft. 

Each organ and region possesses its lymphatic glands and ducts, 
the latter emptying into the thoracic duct. 

The submaxillary glands drain the cheek, nose, mouth, and 
tongue. Glands are also found behind the articulation of the jaw. 
These derive their supply from the ear and base of skull. 

The upper cervical or cranial g-lands are to be found on each 
side of the larynx near the thyroid. The retro-pharyng-eal glands, 
situated on the posterior surface of the pharynx, are often affected 
very early in tuberculosis. Over the upper third of the trachea 
the middle cervical lymphatics are found. 

The lower cervical lymphatic g-lands are to be found at that 
point where the windpipe enters the chest cavity. 



90 



MEAT AND FOOD INSPECTION 




Fig. 28. — Carcass showing Position of Glands, etc. 

U, Site of udder removed ; I O, inguinal glands ; X, iliac or sacro-lumbar 
glands ; L, lumbar glands ; R, renal glands ; D, diaphragm (thick 
skirt) ; P, glands of superior thoracic wall ; C, cervical glands ; 
B, bleached ribs of old animal. 



H 



ANATOMICAL CONSIDERATIONS 91 

The axillary g'lands, situated under the shoulder-blade, can 
only be found after removal of that bone. 

The suppacervical or prescapular glands are concealed by 
muscles, and are situated just in front of the shoulder-joint. In 
horses these glands form a small group ; in cattle and in pigs they 
are single. In fat pigs they are difficult to find. 

The external subiliac or precrural lie at the anterior 
border of the tensor fascia lata. 

The deep inguinal glands lie in the femoral canal immediately 
over the tumoral (thigh) bloodvessels. These glands are more easily 
found in horses than in cattle. 

The superficial inguinal glands are situated close beside the 
penis, and at the neck of the scrotum in the male. In the female 
they are known as the supramammary glands, being situated 
behind and above the udder. 

The popliteal glands lie at the back of the knee, and can only 
be exposed by dissecting down to the joint. 

Thorax. — Between the intercostal spaces, and close to the 
vertebral column, are to be found numerous little glands known as 
the glands of the superior thoracic wall. The inferior set of 
glands is found between the costal cartilages near the breast-bone. 

The anterior mediastinal glands are situated over the arch of 
the aorta ; the posterior set beneath the arch. 

The bronchial glands are found on either side of the bifurcation 
of the trachea. They are covered by the aorta, and are embedded 
in fat. 

Abdomen atnd Pelvis. — The lumbar glands are covered by the 
lumbar muscles, and situated close to the vertebrae of that region. 
Portions of this group, situated close to the external iliac artery, are 
known as the internal iliac glands. The external iliac glands 
are more superficially placed. The sacral glands are found 
near the lower lateral border of the sacrum. 

Other groups which may demand notice are the ischiatic, 
portal, splenic, and kidney glands. 

The mesenteric glands are situated between the folds of the 
mesentery, or 'thin skirt,' on the concave side of the intestines. 
These glands are frequently the foci of tuberculous deposits. In 
addition to these glands in the pig, others are found at the peri- 
toneal attachment of the mesentery. 



CHAPTER VIII 
METHODS OF SLAUGHTER 

Ordinary method with pole-axe and pithing-cane — The need for accurate 
aim on the part of the butcher — Other methods — e.g., Greener's shooting 
instrument — Obj ections — Neck-stabbing — Transfixion — English patent 
method — Jewish method — Its drawbacks and points in its favour. 

In this country there is neither uniformity in the method of kilhng 
nor in the system of inspecting animals. Pigs and cattle are usually 
stunned before their throats are cut. In the case of sheep and 
calves, on the other hand, stunning is frequently omitted. This is 
merely a matter of custom, the humanitarian aspect not being 
seriously considered by butchers. 

Various instruments are employed to effect stunning. In the 
case of sheep, a small blunt-headed hammer is used, and for calves 
a club. A wooden mallet is used for pigs. In some abattoirs very 
large pigs are shot. Cattle are pole-axed by means of an imple- 
ment pointed on its striking side (see Figs. 29, 30). 

When a large animal is about to be killed, a rope is noosed round 
its neck, or round the bases of its horns. The free end of the rope 
is slipped through an iron ring usually fixed to the floor of the 
slaughtering-booth. The butcher and his assistants seize the free 
end of the rope, and forcibly drawing it through the ring, drag the 
animal forward until its nose almost touches the ring. In this 
position the animal is steadied. The butcher then strikes his blow, 
and, if accurately aimed, the pointed pole-axe crashes through the 
skull, the animal falling in a heap. A piece of cane is then thrust 
into the hole made in the skull. The cane passes through the brain- 
substance and into the spinal cord. This is the operation known as 
pithing. Accompanying pithing there are a few violent convul- 

92 



METHODS OF SLAUGHTER 



93 



sive movements, then all is still. Thereafter the butcher cuts the 
vessels in the neck, the large quantities of escaping blood being 
caught in specially-provided metal receptacles. 

Now and again a beginner or a butcher, actuated by bravado or 
overconfidence, misses his aim. This is a most disgusting sight. 




Fig. 29. — Killing with Pole-axe. 

and one is shocked to witness the suffering of the helpless animal 
as a succession of ineffectual blows is aimed at its head. Butchers 
are usually expert wielders of the pole-axe, so that such a scene is 
not often witnessed. In Germany a special apparatus is provided 
for teaching butchers how to use the pole-axe with accuracy. Not 
a little suffering would be avoided were such an apprenticeship 



94 MEAT AND FOOD INSPECTION 

made compulsory in this country. Butchers follow a rule of thumb 
plan of striking the vulnerable point in the skull. This spot may 
be best defined by drawing lines from the bases of the horns to 
the opposite eyes, the point at which these lines intersect one 
another being that aimed at. 




Fig. 30. 

Instead of striking the forehead, the butcher hits the animal at the base 
of the skuh. This method is not usually practised. 

To prevent mistakes or carelessness in pole-axing, various ap- 
pliances have been designed from time to time. The best of these 
is a leather mask which covers the forehead and eyes of the animal 
to be felled (see Fig. 31). A steel plate forms part of the mask, and 
in the centre of this plate a metal tube receives a steel bolt with a 



METHODS OF SLAUGHTER 



95 



pointed end and rounded head. The bolt rests on the vulnerable 
spot, and when a sharp blow is delivered upon the head of the 
bolt its pointed end penetrates the skull. Pithing follows the 
withdrawal of the bolt. The objections urged against the use of 
the mask are the risks involved in fixing it to infuriated animals, 
as well as the trouble of securing it in position. The bolt is also 
apt to become loose, and as a result of its point being blunted 
to rebound off the hard skull when the blow is dealt. Needless 
to say, these difficulties are not insurmountable. 




Fig. 31. — The Leather Mask. 
B, The bolt struck by the butcher. 



Shooting instruments have also been devised. That most in 
favour is known as Greener s shooting" instrument (see Fig. 32). 
As the name implies, it consists of a rifled barrel with a chamber for 
holding a small cartridge loaded with a steel-pointed bullet. The 
animal is roped to a ring as already described, the butcher rests 
the ^flat-shaped nozzle of the shooting instrument on the forehead, 
and with a gentle tap hits the pin of the cartridge -chamber with 
a wooden mallet. The bullet, if accurately aimed, penetrates the 
brain, and passes into the spinal cord. The only reasonable objec- 



96 



MEAT AND FOOD INSPECTION 



tion that can be advanced against the use of this instrument is that 
careless appHcation of it, or sudden movements of the animal, may 
cause the bullet to deviate from its intended course. This may 
lead to the occurrence of accidents. 

Neck-stabbing". — This method is also known as pithing", but 
must not be confounded with the use of the cane. The procedure 
is seldom followed in this country. It is freely practised in Africa 
and India. After the head of the animal has been forcibly depressed, 
a sharp pointed knife is thrust into then ape of the neck so as to 




Fig. 32. — Greener's Shooting Instrument. 
C, Cartridge chamber ; P, pin struck to discharge cartridge. 

sever the spinal cord between the first vertebra and occiput. The 
animal is then bled. Experiments on dogs go to show that, even 
with neck-stabbing, consciousness is retained after severance of the 
cord in this way. 

Throat-cutting" or transfixion is frequently employed in 
this country to slaughter pigs, sheep, and calves. A sharp knife 
is used to stab the neck and cut the leading bloodvessels. After 
this has been, done the butcher forcibly bends back the head in 
order to put an end to convulsive movements by breaking the 
neck. This method has little to commend it. 



i 



METHODS OF SLAUGHTER 97 

Occasionally calves are suspended by the hind limbs, and when 
in that position, are either pole-axed or stunned prior to bleeding. 
This procedure must also be deprecated. Pigs are dealt with in 
the same way in some parts of this country; but the invariable 
practice is to stun these noisy animals before bleeding them. 

The so-called Eng-lish patent method is better known on the 
Continent than in Great Britain. Indeed, it is questionable if 
many butchers in this country understand what the method means. 
It was originated in 1838 by a Dr. Carson, and consisted in fixing 
the animal either in a standing or a recumbent position. Thereafter 
the chest-wall was punctured between the fourth and fifth ribs, 
and through the opening made air was forced by a pair of bellows. 
The animal was thus suffocated by the pressure of air exerted on 
its lungs. No bleeding operation followed. The rationale of the 
method was that all the juices were retained in the flesh, which 
came to be known as ' patent meat.' It was claimed for this 
method that the meat set sooner, kept longer, and was more tender 
and nutritious. The process involves cruelty, but is still practised 
in some continental countries as the British patent system. 

Jewish Method— ' Sehecheta.' — This is distinguished from 
any other system by the fact that stunning and pole-axing are 
purposely avoided. When large animals are to be slaughtered, 
they are thrown on their sides and fixed there, the neck being 
put upon the stretch by drawing the head back. The butcher, a 
specially-trained person, severs the throat with the sweep of a 
keen-edged knife, cutting all the structures down to the vertebrae. 
Sheep and poultry are also bled in the same way. The Jews claim 
that their method ensures better blood depletion than when stunning 
or pole-axing is practised. Their reply to the charge of cruelty is 
that butchers kill sheep, calves, and sometimes pigs after the Jewish 
fashion. The strongest argument that can be urged against the 
Jewish method is that, while forcibly tied down, the animal may, 
in its struggles, injure itself. The relative virtues of the British 
and Jewish methods are open to debate. The Jewish butcher's 
knife is so sharp and the wound so deftly inflicted that little pain 
can be felt by the animal. In contradistinction, the barbarity of 
the unskilled butcher who vainly attempts to stun an animal witk 
a badly-directed pole-axe may be cited. It is argued that stunning 

7 



98 MEAT AND FOOD INSPECTION 

may injure only one part of the brain, whereas bleeding induces 
general anaemia of that organ. It has been proved, in support of 
the Jewish method, that bleeding induces the loss of consciousness 
within a space of five seconds. It is also claimed that by the em- 
ployment of the Jewish method rigor mortis sets in more rapidly, 
because the sudden depletion of blood leads to a free removal of 
oxygen from the tissues, the result being that lactic acid is quickly 
developed, lactic acid formation hastening rigor mortis by the 
coagulation of myosin. Laboratory experiments support the con- 
tention that meat taken from a carcass killed after the Jewish 
method keeps better than that got from stunned animals. 



1 



.?*. 



CHAPTER IX 

THE APPEARANCE OF THE MEAT OF ANIMALS UNDER 
VARYING CONDITIONS 

Healthy carcasses — Varying colours of fat — Results of tuberculous adhesions 
— Dropsical conditions — Flesh of calves — Age and sex of animals — 
Stripping — Need to see all organs — Bull and ox beef — Septic metritis 
in cows — Septic cords in new-born calves — Sheep — Goat -flesh — Horse- 
flesh — Pigs — Diseased meat — Frozen and refrigerated meat — Pickled 
meat. 

In all well-regulated slaughter-houses carcasses are allowed to hang 
for twelve hours after slaughter. At the end of that time flesh has 
been given the opportunity to ' set,' when opinion may be finally 
passed upon it. 

In a healthy carcass the ' bark,' or external surface, should be 
well clothed with fat, which will vary in colour from creamy white 
to a yellow so intense as to suggest impregnation with bile pigment. 
Guernsey and Jersey cows, as well as those fed upon oil-cakes 
and other rich materials, exhibit yellow fat. Cows and oxen fed 
upon Indian corn and pasture usually show white fat. Well- 
nourished animals always exhibit large masses of fat, in which 
the kidneys are embedded. The pleura, peritoneum, and pelvic 
cavities should also be well studded with adipose tissue. When 
the pleura are well covered with fat, the appearance may be 
mistaken for the lymph exudate seen in tuberculosis. This fact 
is mentioned in order to prevent possible error. 

In healthy carcasses the ribs should be pink and free of adhesions. 
When the lungs and pleura have been seriously involved by tuber- 
culosis, adhesions may be so extensive and strong that in the act 
of pulling away the lungs portions may be left adhering to the 
chest wall. The appearances presented by such a morbid con- 

99 7 — 2 

tare. 7 



MEAT AND FOOD INSPECTION 



dition will at once attract attention. Healthy meat should 
possess a sweetish odour. The muscle substance should be firm, 
florid, and elastic. It should also be mottled or marbled by an 
intimate admixture with fat. Good meat should never be too 
moist. When fluid drains from the muscle or connective tissue 
of a suspended carcass, suspicion must at once be turned to 
dropsical conditions, usually found associated with cardiac lesions. 
It is to be observed that frozen meat when thawing is wet on 



pOOCh 




^P^^^^^ 





Fig. 33. — Dentition. 

Ages 2, 3, 4, 5, and 6 years, showing the gradual replacement of 
temporary with permanent teeth. 

the surface. This appearance alone does not warrant condemnation 
of the meat. 

Emaciated and pallid flesh which is over-moist suggests an 
examination of the kidneys, which may be enlarged. When the 
flesh is dark, one may find the kidneys dark and congested. 

In young and in well-fed animals the muscles, after exposure to 
the air, will show a bright red colour. Dark flesh suggests the 
presence of inflammatory conditions. 



APPEARANCE OF MEAT UNDER VARYING CONDITIONS loi 

In calves the flesh is of pale red colour, and of soft con- 
sistence, the fat being tallow-like. In new-born calves the flesh 
— slink veal — is pale and watery. If the calf has been still-born, 





Fig. 34. — Quarter of Heifer. 
U, Smooth section of udder. 

its lungs will not have been inflated, and its flesh soon turns 
sour. 

In old animals the flesh is coarse, dry, and stringy. When, after 



102 



MEAT AND FOOD INSPECTION 



section, the flesh presents no fatty marbhng, one suspects either 
poor condition of the meat or old age of the animal as the causes. 
Pale muscle substance in adult animals suggests poverty, especially 
if fat be deficient. 
Agre and Sex of Carcasses. — It is not always easy to state 




Fig. 35. — Quarter of Cow. 
U, Site of udder removed. 

the exact age of animals unless one be thoroughly conversant 
with dentition — that being the veterinarian's best guide (see 
I^ig- 33)- Generally speaking, the joints and bones are the next 
best indices. In young animals the gristle (cartilage) is more 
conspicuous than it is in older animals ; also, the bones are more 
vascular and porous than those of older animals. The vertebras 
of young animals are softer, more porous, and more pink in colour 



APPEARANCE OF MEAT UNDER VARYING CONDITIONS 103 

than those in old animals. The same description applies to the 
appearance of the pelvic bone. 

A heifer is a young cow that has not had more than one calf. 
The term maiden heifer explains itself. When a maiden heifer 
has been slaughtered and its carcass suspended for inspection, its 
udder will appear like a smooth, round prominence of fat, which 
must not be mistaken for the irregularly-shaped mass of scrotal fat 
found in oxen (see Fig. 34). On section, the udder of a maiden 
heifer presents fat. After a cow has had one calf, the udder is more 
prominent — not so firm as that of the maiden heifer, but still mainly 
comprised of fat. After the second calf, the udder becomes more 
pendulous and spongy. 

It is well to keep in mind the possibility of fraud in connection 
with cows' and heifers' udders. For instance, after a cow's udders 
have been removed, the edges of skin may be pulled together 
when still warm, to imitate the appearance presented by a heifer's 
udder. Also, a heifer's udder may be so puckered together as to 
simulate the irregularity of cod-fat. 

It is invariably the practice of butchers to remove the udders 
of cows before suspending their carcasses (see Fig. 35). When asked 
to define the sex of a carcass so exposed, the triangular area left by 
the removed udder on each side must be looked for. In oxen the 
pizzle and large amount of cod-fat will be noted (see Fig. 36). In 
bulls, the cod-fat is relatively small in amount, the pizzle being 
seldom left in situ. If present, it is large, as is the erector muscle. 
In the course of examining carcasses at the slaughter-house it is 
well to accustom the eye to the appearance presented by stripping. 
When a carcass is still warm, stripping, or peeling off of the pleura 
from the chest wall is comparatively easy. To detect stripping 
without first examining the convex side of the diaphragm is not 
always easy, since to conceal the fraud the trickster smears the 
stripped surface with a cloth dipped in warm water, or a sponge 
dipped in bloody water. Fat rubbed over the denuded surface 
will also tend to obliterate all traces of interference. But if the 
diaphragm be lifted and its edges carefully examined, the bared 
muscle fibres will be revealed, the muscle having been stripped of 
its adhering pleural membrane. Stripping is invariably resorted 
to to remove pleura exhibiting tuberculosis. Poorly-bled animals," 



I04 MEAT AND FOOD INSPECTION 

or those that have suffered from, inflammatory conditions of the 
lungs, now and again exhibit intrathoracic post-mortem appear- 
ances which the butcher attempts to obliterate by means of 



•^1 




Fig. 36. — Ox Quarter. 
U, Large deposit of scrotal fat. 

stripping. On no account should a stripped carcass be passed by 
the inspector. 

In examining a carcass, every organ must be available , for the 
scrutiny of the inspector, who will only be acting within his rights 



APPEARANCE OF MEAT UNDER VARYING CONDITIONS 105 

if he refuses to pass a carcass the internal organs of which have 
been destroyed or concealed. If a carcass be above reproach, 
there should be no need to fear any examination at the hands of 
the meat inspector. 

Bulls are not frequently met in the slaughter-house, the majority 
when young being castrated, and subsequently specially fed, 
ultimately to appear as ox-beef. An imperfectly- castrated bull 
is known as a ' stag.' The ' stag ' and bull differ from the ox in 
possessing larger pizzle, stronger erector muscle, and less cod-fat. 
The pelvi? bone is much more massive, and, as compared with the 
ox, the kidney-fat is less in amount. The same may be said of 
the amount of fat covering the external surface of the carcass of 
bulls. In well-fed ox-beef, a good and abundant deposit of fat is 
invariably present. Generally speaking, the carcass of a bull is, 
in respect to muscular development and bony structure, much 
more massive than that of the ox. This massiveness is particularly 
noticeable in the thick neck and broad shoulders of the bull. When 
a bull has reached the age of nine or ten years, its flesh is very 
harsh and coarse. If the carcass of a young bull be suspended for 
inspection, some care will have to be exercised in differentiating 
it from that of an ox. The fat of a young bull is more abundant 
than in the older animal, and whiter in colour than that found in 
oxen. 

Fresh, well-fed ox-flesh has the characteristics of meat already 
referred to. Bull beef is of an indiarubber consistence, and has no 
marbling in the fat. The brisket (sternum) beef of the bull is coarse 
and dark as compared with that of the ox or cow. 

Young cows, by reason of their ultimately proving very profitable 
as dairying stock, should, when brought to the slaughter-house, 
be carefully examined. The appearances of young animals have 
already been described. As regards older animals, the bleached- 
looking appearance of the ribs, with their poor covering of fat, is 
characteristic. This bleaching is found in cows aged six years and 
upwards. Old cows show projecting shoulder-blades, with hollow 
spaces on either side of them. The breast-bone in an old cow is 
narrower than in either the heifer or ox. Old cows yield coarse 
dry beef, with defective fatty marbling. The fat of old cows is 
usually of a yellow colour, but this feature alone must not be 



io6 MEAT AND FOOD INSPECTION 

held to be characteristic, since, as has already been said, feeding 
may, and does, exercise its influence upon the colour of adipose 
tissue. 

Sheep. — ^The flesh of sheep is not so red as ox-beef, and the fat 
is always white. Tubercle in sheep is seldom seen ; therefore the 
chance of meeting with stripping is remote. A condition known 
to butchers as false tubercle is frequently met with. It does not 
necessitate condemnation. The abnormality is due to the presence 
in the lungs of Filaria strongylus, to be referred to in another 
place. The mackerel back of mutton is characteristic, this alter- 
nate red and white marking being always noticed in well-fed 
sheep carcasses suspended for inspection. It should be stated 
that mutton in a frozen condition is imported in large quantities 
from New Zealand and Australia. Mutton also comes from Ger- 
many, but it is chiefly with the home-fed article that the student 
is concerned. 

The ram, or ' tup,' must be differentiated from a wether sheep, 
the latter name being given to castrated lambs. In the former 
the pizzle is thick as compared with the very thin organ found in 
wethers. The neck, or scrag, is also much more massive than that 
of the wether. The butcher, by removing the scrag, may try to 
conceal the sex of the animal. 

The ewe, or female sheep, if old, shows inferior meat. The carcass 
is lean, looks ill-fed, and there is little fat deposited round the 
kidneys. The skin is of a drab colour, and the flesh dry. It is 
doubtful if the carcasses of old ewes showing the foregoing charac- 
teristics, with veined backs and bleached joints, should be passed as 
fit for human food. 

Goat-flesh is darker in the colour than mutton. It has a 
characteristic and unpleasant odour, the flavour of the flesh being 
likewise disagreeable. This odour is most notable when heat is 
applied to the flesh. When viewing the carcass of a goat, one 
finds the back greatly arched, with the skin darker in colour than 
that of sheep. The bones of the limbs are also thinner than those 
of the sheep. 

Horse-flesh. — It is not often that one has the opportunity of 
inspecting horse-flesh. On the Continent, horse-flesh shops are 
more in evidence than they are in this country. The sale of such 



APPEARANCE OF MEAT UNDER VARYING CONDITIONS 107 

flesh in this country is regulated by a special Act of Parliament. 
From Leith large numbers of old horses are regularly shipped to 
the Continent, but the burgh veterinary inspector only permits 
animals free from evidences of disease to depart. 

The flesh is coarse, dark, and greasy to the feel. The fat is 
yellow, soft, and has a decidedly unpleasant taste. After the 
lapse of twenty-four hours the flesh possesses a distinctly soapy 
feel, the odour being more pronounced and of a sickly character. 
The bones of a horse are more massive than those of the ox, and 
the marrow- fat is of a liquid consistence. Under the heading of 
' Anatomical Considerations ' other features of difference between 
the carcass of a horse and ox have been detailed. 

Pig's. — In pigs the colour of the flesh varies between red and a 
pink. There is an abundant deposit of fat between the muscles, 
which are of a fine texture. In old hogs the meat is darker, there 
is less fat, and the meat, while fresh or when being cooked, gives 
off a faint odour of urine. 

Diseased or Inferior Meat. — A practical familiarity with 
the appearances of healthy carcasses will best enable one to 
institute comparisons when called upon to examine suspected 
meat. Dark flesh, if harsh and dry, is quite unsuited for sale 
or consumption. Flesh very dark on section, the result of 
inflammatory lesions, is also unfit for human food. The internal 
organs and adjoining parts may be red and congested, suggesting 
inflammatory mischief. The external surfaces, when exhibiting 
dark patches or large areas of bloody discoloration, indicate 
stasis of blood due to the position assumed by the sick animal. The 
cause of the decubitus must be ascertained in order to arrive at a 
satisfactory conclusion as to the fitness or otherwise of the flesh for 
human food. Discoloration may be due to accidental bruising or 
cruelty on the part of drovers. Certain diseases also exhibit signs 
similar to bruising — e.g., anthrax. In the pig, red or blue patches 
point to the presence of swine fever. After long and lingering ill- 
nesses a dropsical condition of the flesh may be found. Dropsy is 
also associated with heart lesions. With the characteristic appear- 
ance of carcasses affected by tuberculosis the student will soon 
grow very familiar, since the greatest proportion of carcasses con- 
demned are affected by this disease. In the case of ' piners ' 



io8 MEAT AND FOOD INSPECTION 



f 



(chronic tuberculous cows), the animals are hide-bound, thin and 
scraggy, and their flesh harsh, dry, and showing neither juiciness 
nor admixture with fat. 

Putrid flesh is readily detected. When suspicion is directed to 
meat tainted by the use of drugs — it may be aloes, turpentine, ,1 
camphor, ether, or castor oil — the forefinger or a knife-blade should 1 
be plunged into a fleshy portion of the carcass and the sense of fj 
smell employed as a guide. Severe purgation of animals — a fre- • 
quent expedient in cases of doubtful diagnosis — causes the flesh 1 
to be soft and watery. 

Cows that have died of puerperal metritis are not infrequently ' 
met at the slaughter-house. In these animals the uterus must be ; 
examined for the detection of foul-smelling, bloody matter or ■ 
pus. When the abdominal muscles are discoloured and dirty- - 
looking, suspicion must turn to the probability that the animal 1 
was bled as a last resort — in other words, that the animal was at t 
the point of death when killed. In anthrax carcasses this appear- ■ 
ance of the abdominal muscles is noteworthy. When young calves 3 
are brought to the slaughter-house, the umbilicus ought to be i 
examined for septic mischief, due to imperfect treatment of the ; 
cord after birth. Tuberculosis in pigs is not common, but evidences 3 
of it may be found in the vertebral column and sternum. Cysti- • 
cerci may be observed in the diaphragm, tongue, cheek, intercostal \ 
or pectoral muscles. It is only by the aid of the microscope that 
one can detect the presence of trichina, the pillars of the diaphragm 
being usually selected for examination. 

Frozen Meat. — Frozen must not be confused with refrige- 
rated meat. Frozen meat comes from Australia, New Zealand, 
and South America. When exposed in butchers' shops this 
variety of meat is thawed. The flesh, owing to the diffusion of 
blood- colouring matter through it, is very pink, and, by reason of 
the process it has undergone, moisture oozes from the flesh. After 1 
standing some time the surface becomes dry and dirty- looking ; 
but if this layer be cut away, the underlying flesh exposed will be 
quite watery. The fat of frozen meat is very white. Should the 
inspector doubt the quality of this variety of meat, he should cut 
into the hip- joint. Signs of commencing putrefaction may be 
detected in this region, especially if freezing was commenced before < 



APPEARANCE OF MEAT UNDER VARYING CONDITIONS 109 

the carcass was quite cold. This class of meat is not so much 
sought after as refrigerated beef. 

Refrigrerated meat, which comes chiefly from North America, 
is often erroneously called frozen beef. Specially-constructed 
vessels have been built to cope with this increasing traffic, which, 
be it said, has done much to reduce the revenue returns from 
slaughter-houses in this country. The meat, -enveloped in thin 
canvas coverings, is suspended in refrigerating chambers, through 
which currents of cold air are propelled. The temperature is main- 
tained at arfew degrees above freezing-point. The object is to avoid 
actual freezing, so that putrefactive changes may be obviated. 

During warm weather refrigerated meat quickly putrefies. One 
accordingly finds, in large towns especially, that the butcher leaves 
his stock in the refrigerating chambers, if there be any available, 
until it is actually required. If the shanks of the carcass can be 
examined, one may pick out refrigerated meat by the marks of 
bruising on the limbs caused by the chains employed to suspend the 
animals during slaughtering operations. In other respects the 
flesh of the carcass is pink, as also is the gristle about the joints. 
The external genitals are invariably removed. The surface is 
cold, stiff, and damp — ' sweaty.' Where a section of the meat is 
made, one notices that the fat is pink, and not white. This is a 
distinguishing feature between home -fed and American meat. 
The escape of meat- juice is responsible for this colouring of the fat. 
The flesh of refrigerated carcasses is of a brick-red colour, as opposed 
to the rosy hue of the home-fed product. 

Pickled or salted meat is frequently exposed for sale; and 
when the pickling has been carelessly performed, the flesh rapidly 
decomposes, decomposition manifesting itself by mouldiness and 
a sliminess of the flesh. If, as sometimes happens, the meat 
when pickled was none too fresh, putrefactive changes may be 
detected by either cutting deeply into the mass or by probing. 
In the latter method the sense of smell might detect any disagree- 
able odour. In cases of doubt it is always advisable to cut into 
a joint or down to the bone to make certain that decomposition 
I has not set in. If pickling, for preservation, be aided by tJie 
I addition of formalin, boracic or salicylic acid, the meat should be 
) seized and condemned as being unfit for human food. 



CHAPTER X 
PRESERVATION AND STORAGE OF MEAT 

Arrangements possible in connection with abbattoirs — Drying, Refrigeration, 
Sterilization — Chemical agents — Dangers of imperfect cooling with un- 
suitable materials — Types of cold stores — Ice-making. 

Every modern slaughter-house ought to have a cold store attached 
to it. During the warmer months of the year, when meat does not 
keep well, such a place will be freely used by butchers, fish- 
mongers, poulterers, egg and butter merchants. Attached to 
every cold store ice-making plant is invariably fitted. Hotels, 
fish-merchants, public institutions, and steam trawlers requiring to 
be at sea for days at a stretch are also supplied with ice for the 
preservation of the captured fish. 

In some large towns the butchers combine to erect and equip cold 
stores, usually placed conveniently near slaughter-houses. This 
plan has been adopted by the butchers in Edinburgh. 

Possessed of an efficient cold store, the butchers are indifferent 
to climatic changes. Stored carcasses may be drawn upon as the 
occasion demands, and little meat will go to waste in shops where 
it would be exposed to heat and aerial contamination. Another 
great advantage in favour of a commodious cold store is that its 
existence obviates congestion at the slaughtering-booths. As soon 
as they have been passed by the responsible inspector, carcasses 
can at once be taken to the cooling-rooms. Newly-killed meat, 
as is well known, is tough and hard. This is likely to prove an objec- 
tion during the warmer months of the year, when meat must be 
consumed soon after slaughter. By keeping it in a cold store the 
quality of the meat is improved, since longer time is given for the 
formation of lactic acid in the tissues. In this connection it is 



PRESERVATION AND STORAGE OF MEAT iii 

interesting to know that it is a common practice among cooks to 
sprinkle vinegar, cream, wine, or whey over steak to imitate the 
physiological formation of lactic acid. This renders the steak much 
more tender if, especially after being sprinkled, it be well pounded. 
Frozen and refrigerated meat could not be imported in such 
quantities to this country did cold stores not exist. Artificially- 
cooled meat quickly decomposes if exposed for sale during warm 
weather. This class of meat must therefore be kept at low tem- 
peratures until required for consumption. 

The Preservation and Storag-e of Meat. 

The following methods are employed for preserving meat : 

1. Drying. 

2. Exposure to cold. 

3. Heat. 

4. Chemical agents. 

Drying". — The preservation of meat by drying has been prac- 
tised for many years by American backwoodsmen, bushmen in 
Australia, and Boers. When about to set out on long journeys, 
in the course of which fresh meat may not be readily procured, 
this method of preservation has much to commend it, though 
: the nutritive value is lessened. After cutting it into long strips, 
1, the meat to be preserved is deprived of its blood contents 
I and all tendons removed. After maize-flour and salt have been 
. well rubbed into the strips they are suspended in sunshine until 
, they become flexible and dry. Meat so prepared is known in 
[ South Africa as ' biltong,' and in America as ' pemmican.' The 
, secret of preservation is that a dry atmosphere is necessary, damp 
, and moisture encouraging putrefactive changes. In Scotland dry 
atmospheres are taken advantage of in many farm and cottar 
, houses, from the rafters of which such articles as braxy mutton, 
. hams, etc., are suspended. If peat fires are used, the smoke from 
[the peat gives the necessary brown colour to the skin of the ham. 
I In ham-curing establishments like methods are followed, but on a 
■ more elaborate scale. After the hams have been trimmed and per- 
: haps treated with boric acid or a special brine, they are suspended 
in a tightly sealed chamber, and smoked by burning straw, etc. 



112 MEAT AND FOOD INSPECTION 

Exposure to Cold. — This is one of the most effective and 
most generally used methods of preserving food-stuffs of all kinds. 
The mere application of a cold temperature, however, is not in 
itself sufficient. The atmosphere must be free from moisture. 
If one were to pack ice loosely round a carcass in one instance, 
and in another to pack the ice so firmly as to exclude air, 
preservation by the former method would be very uncertain. 
Micro-organisms will grow very readily in a damp, though cold, 
atmosphere ; indeed, the health official must not be satisfied by 
the mere assertion that the meat was preserved in ice. He must 
ascertain for himself how preservation is being conducted. 
Ptomaine-poisoning has been known to occur as a result of con- 
suming meat that had been kept in ice in an unsuitable place, 
and under unfavourable conditions. Another very important fact 
from the health official's standpoint has reference to the quality of 
the ice used. When ice is procured from cold stores established . 
for making ice, one will be more confident that the product will be ; 
pure, since the public water-supply will be used. When, however, , 
natural ice collected from ponds, streams, and ditches is utilized 1 
for preserving food, doubts may arise. Any micro-organisms in i 
the water from which the ice has been the outcome will find a suit- - 
able soil on fish, poultry, meat, etc. Ptomaine-poisoning has been i 
traced to the eating of fish kept on ice taken from filthy places. . 
More than once it has been necessary to enter fried-fish shops, 
seize fish preserved in tubs filled with dirty water kept cool by ice 
of unsatisfactory quality, the fish being slimy, limp, soft, and evil- 
smelling. Decomposition had, in short, been established, despite 
the presence of liberal quantities of ice. It is necessary to remember 
that the Bacillus typhosus retains its vitality even though the water 
containing it be at freezing-point. 

Heat. — ^To preserve food by this means necessitates the applica- 
tion of heat at boiling temperature (212° F., or 100° C). To render 
meat or food of any kind sterile (free from living germs) cooking at \ 
boiling temperature must be prolonged. It is this prolonged boiling 
of milk which is believed to interfere with its nutritive qualities. 
In the preparation of tinned meats effort is made to secure per- 
manent sterility. This can only be achieved if, after the meat is 
sterilized, air is entirely excluded from it, exclusion of air being made 



PRESERVATION AND STORAGE OF MEAT 113 

certain by hermetically sealing such articles of food as tongue?, 
fish, in tins, etc. 

When tinned meats are not perfectly sterilized, the germs remain- 
ing alive are capable of producing such changes in the food as will 
give rise to serious forms of poisoning among consumers, pto- 
maines developed by the germs being the poisonous elements. 

To be thoroughly effectual as a process, sterilization consists of 
repeated raising of the treated article to the boiling temperature. 
The reason for adopting this practice is that germs which may 
escape ofle treatment are destroyed by a second or even third 
application of boiling heat. 

Chemicals. — Reference has elsewhere been made to the unsatis- 
factoriness of this method for the preservation of foods. 

Types of Cold Stores. — The most economical and simple cold 
store is that in which ice is packed in one room while the articles to 
be preserved are placed in another. In designing such a store, it 
is necessary to ensure that a current of cold air shall flow from 
the ice-room to the other. The room in which the ice is kept must 
be the larger of the two, and be placed on a higher level. In both 
rooms the walls must be double and hollow. The cold air from the 
ice-room forces the warmer air in the meat-chamber upwards 
through openings in the wall near the ceiling. This type of cold 
store is economical to erect and maintain. Objection has, however, 
been urged against its continued use, on the ground that the wood- 
work of the ice-room, being moist, becomes a haven for micro- 
organisms, which may pollute the atmosphere of the store. This 
objection is easily met, since wood- work can be eliminated, and if 
ice of good quality be used, dangerous bacteria are not likely to be 
present. Also, the air-currents in such a type of cold store are so 
sluggish that micro-organisms could not be readily wafted from one 
room to the other. Again, the surfaces in the ice-chamber being 
moist, the germs will cling to them. 

The most potent objection is that the air-currents are rather 
sluggish ; consequently the circulating air will lack the necessary 
dryness. Damp air, as has been indicated, is a real objection in 
cooling-rooms. The provision of a system of air-propulsion would 
help to overcome this objection, and so permit the continued use of 
a simple method of cold storage. Stores of this type are dependent 



114 MEAT AND FOOD INSPECTION 

upon a regular supply of ice ; accordingly, with the progress of time 
ice-making factories with cold-storage accommodation are being 
provided. 

In a work of this kind it cannot be expected that a detailed 
description of a cold store can be given. Moreover, a visit to a 
cold store and ice-making factory will teach one at a glance how 
the industry is carried on. A written description would give but 
a faint impression of the substantial design of the thickly-walled 
compartments with their accurately fitting and massive doors ; 
the powerful engines which circulate the cooling solution round 
the tanks containing the water to be frozen, and propel the fans 
for driving the chilled air through the many cold-storage rooms. 



CHAPTER XI 
THE DISEASES MOST COMMONLY SEEN IN THE ABATTOIR 

The value of qualified meat inspectors.— The correct method of examining 
carcasses — The diseases that are to be looked for — Tuberculosis and the 
lack of uniformity in dealing with it — The recommendations of the Royal 
Coramission on Tuberculosis — -The various ways in which tuberculosis may 
reveal itself — Tricks of low-class traders — The Freibank and clearing- 
house, and their value — -Anthrax : its cause and method of spread — 
Malignant pustule and woolsorters' disease — Duties of the official^ 
Swine fever — Cattle plague — Pleuro-pneumonia — Swine erysipelas — 
Contagious pneumonia — Urticaria — Braxy — Louping - ill — Foot and 
mouth disease — Malignant catarrhal fever — Actinomycosis — Black-leg — 
Glanders and farcy — Puerperal metritis — Milk fever — Parasitic diseases. 

Before proceeding to describe the diseased conditions met at the 
slaughter-house, some preliminary considerations regarding the 
inspection of carcasses themselves may not be without interest. 
As carried out at many abattoirs in this country, the system of in- 
specting meat is very unsatisfactory. The want of uniformity in 
the methods followed is one reason for saying so ; the other is the 
employment of unqualified and unskilled inspectors. 

It may be laid down as a general principle that the opinions of 
unqualified meat inspectors should invariably be reviewed by 
veterinary surgeons. An unqualified meat inspector who has but a 
superficial knowledge of his work, and has given the subject little 
or no study, may be expected to give very elementary reasons for 
adopting any particular line of action with regard to diseased or 
suspected carcasses. To repose trust in such a person is not only 
wrong, but very unfair to the citizen who is entitled to be protected 
by careful and systematic methods of food inspection. 

An unqualified meat inspector who has been trained as a butcher 
may, as the result of constant practice and familiarity with the 

1 1 5 8 — 2 



ii6 MEAT AND FOOD INSPECTION 

normal and abnormal appearance of carcasses, be reasonably armed 
with powers to detain carcasses for purposes of inspection, but no 
more. 

In every case, the routine adopted should be as follows : As soon 
as a carcass reveals diseased conditions it (including the viscera) 
should be immediately removed from the slaughtering-place to 
another booth set aside for the retention of suspicious meat. In this 
booth the veterinary surgeon, or qualified meat inspector, will 
deliberately conduct his inspection in the manner suggested by 
Ostertag, as follows : 

Cattle — I. Skin. — Examine for the presence of wounds, bruis- 
ing, emphysema (air under the skin), anthrax, actinomycosis, 
laxvse, congestion ; when the latter exists on one side only, one is 
led to suspect that the animal lay in that position during its illness. 
This is known as the ' decubitus ' of the animal. 

2. Head. — (i) The outer aspect must be examined for the presence 
of abscesses, ' lumpy-jaw ' (actinomycosis), tumours, etc. 

(2) The nostrils, lips, hard gums, and back of the throat to be 
examined for presence of evidences of foot and mouth disease 
and rinderpest (uncommon in this country). 

(3) The tongue should be felt for hard knots (' wooden tongue '), 
actinomycosis, and examined for foot and mouth disease. 

(4) The muscles of mastication must be incised to detect the 
presence of cysticerci. 

(5) The upper neck (cervical) glands and throat (laryngeal) glands 
should be incised to detect the presence of actinomycosis and tuber- 
culosis. 

3. Liver. — ^This organ must be felt by the fingers, and the portal 
vein opened for the detection of inflammation, degeneration (fatty), 
parasites, tumours, tuberculosis, and cysts (hydatids). The bile- 
ducts should be opened and search made for flukes. 

4. Heart. — The covering of the heart (pericardium) should be 
opened. Then the chambers of the heart must be examined by 
cutting into them. The walls (muscles) of the heart may show 
degeneration, haemorrhages. Needles, hairpins, etc., may be found 
impacted in the walls of the heart. Cysticerci may be found, and 
endocarditis (inflamed condition of the internal lining of the 
-chambers and valves of the heart) may be detected. 



DISEASES MOST COMMONLY SEEN IN THE ABATTOIR 117 

5. Lungs. — These must be carefully felt and opened up for the 
detection of tuberculosis, inflammation, strongyli, etc. The bron- 
chial and mediastinal glands, at the roots of the lungs, must also 
be examined and incised for the detection of tuberculous deposits. 

6. Spleen. — This should be felt and opened for evidences of 
disease such as tuberculosis, swelling, etc. 

7. Kidneys. — To prepare these for complete examination, the fat 
surrounding them should be pushed aside while the carcass is still 
warm. If this be not done, subsequent separation of the solidified 
fat may*be difficult. Parasites, signs of inflammation, with the 
formation of matter (pus), as well as tuberculosis, may be found 
when these organs are cut open. 

8. Stomach. — This organ must be examined externally and in- 
ternally for the detection of congestion, tumours, parasites, etc. 

9. Intestines. — These should be examined for the presence of 
inflammation, worms, and, in the case of pig typhoid, ulcers. 

10. Mesentery {Thin Skirt). — The mesentery and its glands should 
always be carefully examined, since tuberculosis is frequently found 
in them. 

11. Omentum. — This is examined for the presence of tuberculosis 
and hcemorrhages. 

12. Uterus.' — Must be cut open in search of inflammatory 
changes. 

13. The pleura (lining the chest wall and covering the lungs) 
must be examined for the presence of tuberculosis. The diaphragm 
[thick skirt) must be lifted to detect attempts at stripping of the 
pleura. The peritoneum (internal lining of the abdominal cavity) 
is also to be examined. 

14. The sternum (breast-bone), pelvis (haunch bones), and hack- 
bone are also to be inspected for the presence of fractures, discolora- 
tion, and tuberculosis. 

15. The udder must be cut open to detect the presence of tubercu- 
lous deposits. The glands behind the udder {supramammary 
glands) must also be incised. 

Calves are similarly examined. 

Sheep. — In these animals attention may be directed to the lungs 
for the presence of strongyli, and the liver for the existence of flukes 
in the bile-ducts. 



ii8 MEAT AND FOOD INSPECTION 

Pig^S. — Cysticerci are to be searched for in the tongue, heart, and 
diaphragm, also in the intercostal, cervical, masticatory, and 
laryngeal muscles. The bases of the lungs frequently reveal the 
presence of strongyli. In suspected caSes of pig typhoid the intes- 
tines are to be carefully examined for the detection of ulceration. 
Round worms may be found. 

In every well-regulated slaughter-house carcasses of animals that 
have been inspected and passed should be stamped before being 
removed by the butcher. 



Tuberculosis. 

Frequent allusions have already been made to the causes that lead 
to the prevalence of this disease, especially among cows. When he 
comes to deal with tuberculous carcasses the student will realize 
how utterly lacking in uniformity are the British methods of meat 
inspection. In one abattoir the mere trace of tuberculosis in a 
carcass is followed by complete confiscation ; in another only the 
affected part and the neighbouring glands may be kept back ; 
while in a third instance the lines recommended by the Royal 
Commission on Tuberculosis (1898) are more or less followed. These 
recommendations are reproduced. 

' TUBERCULOSIS IN ANIMALS INTENDED FOR FOOD. 

' We recommend that the Local Government Board be empowered to issue 
instructions from time to time for the guidance of Meat Inspectors, prescribing 
the degree of tubercular disease which, in the opinion of the Board, should cause 
a carcass, or part thereof, to be seized. 

' Pending the issue of such instructions, we are of opinion that the following 
principles should be observed in the inspection of tuberculous carcasses of cattle : 



* (a) When there is miliary tuberculosis of both lungs. 

' (b) When tuberculous lesions are present on the pleura 

and peritoneum. 
' (c) When tuberculous lesions are present in the muscular 

system, or in the lymphatic glands embedded in or 

between the muscles. 
' (d) When tuberculous lesions exist in any part of an 

emaciated carcass. 



The entire 

carcass and all 

organs may be 

seized. 



THE ABATTOIR 119 



' (fl) When the lesions are confined to the lungs and the 

thoracic lymphatic glands. 
' (b) "When the lesions are confined to the liver. 



"\ The carcass, 
if otherwise 
healthy, shall not 
be condemned ; 



' (c) When the lesions are confined to the pharyngeal V but every part 

lymphatic glands. 
' (d) When the lesions are confined to any combination of 

the foregoing, but are collectively small in extent. 



of it containing 

tuberculous 

lesions shall be 

seized. 

' In view of the greater tendency to generalization of tuberculosis in the pig, 
we consider that the presence of tubercular deposit in any degree should involve 
seizure of fRe whole carcass and of the organs. 

' In respect of foreign dead meat, seizure should ensue in every case where the 
pleura have been ' ' stripped. " ' ■ 

Tuberculosis is very rarely encountered in calves. They are killed 
so young that evidence of infection from a maternal udder, the seat 
of tuberculous deposit, is seldom seen. The fact that calves, born of 
tuberculous mothers whose uteri may be involved, show no traces of 
tuberculosis, tends to disprove the theory of hereditary transmis- 
sion of this disease. The question of transmissibility of tuberculosis 
from animals to man has not, for obvious reasons, been settled, 
though there are not a few authorities who assert that tubercle bacilli 
taken in the food may and do reach the abdominal lymphatics, to 
establish in them tabes mesenterica (known as consumption of the 
bowels). It is also believed that the bacilli may, after passage 
through the alimentary canal, finally reach the lung apices. 

A description of the disease as seen in the abattoir cannot 
adequately convey to the mind the innumerable forms in which 
tuberculosis may be met. The conditions to be seen can only be 
learned after repeated visits to the slaughtering-booths have been 
made. In one carcass there may be an involvement of the retro- 
pharyngeal (throat) glands alone, this being one of the earliest centres 
of attack in cattle. In another instance the mesentery, peritoneum? 
and liver may be affected. A third carcass may, when opened, 
reveal the existence of pendulous clusters attached to the walls of 
the chest, the lungs being reduced to cheesy-looking masses. These 
clusters of tuberculous deposits are known as ' tubers ' and ' grapes ' 
among butchers. On another occasion a carcass may be found 
riddled with miliary tuberculosis, or the liver alone may be attacked. 
Often only the lungs and mediastinal glands are attacked, and 



MEAT AND FOOD INSPECTION 





DISEASES MOST COMMONLY SEEN IN THE ABATTOIR 121 

usually associated with this involvement is found a fibrinous exudate 
on the pleural surfaces. Should adhesions have taken place, it may 
become necessary to tear away the lungs from the chest walls. The 
udder alone may be the seat of tuberculous disease, the rest of the 
carcass remaining free. The fact that the poorer classes freely 
partake of boiled udder demands that this organ must be carefully • 
examined at the abattoir. When a thin carcass is found to be 
affected by tuberculosis, the meat should not be permitted to pass 
out of the slaughter-house. Thin tuberculous carcasses, known as 
' piners,' <ire usually those of cows that have lived in some un- 
wholesome cowshed. The flesh is of poor quality, being harsh, dry, 
stringy, and lacking in the fatty marbling so characteristic of good 
meat. Old animals always show bleached-looking ribs devoid of 
fatty covering (see Fig. 28). 

A regular trade in old cows is carried on by some classes of 
butchers. In fact, the thin cow is known in the trade as a ' mincer,' 
her flesh being destined to be used either for making mince or as 
a stuffing for sausages. Butchers of repute refuse to trade in such 
unsatisfactory animals. 

The official will always find it advisable to make himself con- 
versant with the market prices of living animals. This information 
will prove valuable should at any time proceedings be instituted 
against those dealers who traffic in inferior stock. For example, it 
will be found that ' mincers ' may be purchased for sums varying 
between ;^3 and £7. Should a butcher be placed in the witness-box 
on his defence, the question may be very pertinently put to him : 
' Do you consider it possible to buy good wholesome meat at the 
rate of £4 an animal ?' Such a low price is a certain indication that 
the purchaser was well aware of the risk he ran of having the 
carcass seized when making his investment. 

The following instance affords a good object-lesson to the student : 
A butcher had for months been trafficking in ' mincers, ' and though 
a prosecution against him failed, the legal proceedings taken put a 
stop to his practice. This butcher then resorted to the expedient 
of sending his ' mincers ' to be killed and inspected at the public 
slaughter-house. If passed as fit for human food, the carcasses were 
claimed and removed ; if condemned, they were confiscated, without 
objections being raised, and put into the steam digester. 



122 MEAT AND FOOD INSPECTION 

The lack of uniformity in the inspection of meat, and the im- 
perfect examination of animals killed in private slaughter-houses, 
must necessarily lead to the consumption of much tuberculous flesh 
in this country. It is regrettable, therefore, that the recommen- 
dations of the Royal Commission are not enforced by statute. 
They are comprehensive and sufficiently elastic to protect con- 
sumer and trader alike. As matters stand, one constantly hears 
complaints from dealers and butchers that the purchase or sale of 
animals is, according to the place of inspection, a critical investment. 
The truth of this contention is manifest when it is realized that 
the authorities in one town are most drastic in their methods, whilst 
perhaps those in a municipality not far distant display methods 
that border on laxity. This anomaly can only be removed by con- 
certed action, and by the adoption of common-sense principles by 
qualified meat inspectors. 

Sheep and goats are seldom attacked by tuberculosis. 

Outside the slaughter-house tuberculosis is most frequently 
seen among fowls. As in the case of cattle, this disease is most 
common when the fowls have been housed in damp, dark, and 
insanitary quarters. So virulent does tuberculosis become in some 
hen-roosts that nothing short of entire demolition or reconstruction 
of the premises will eradicate the scourge. Far too little attention 
is paid to the lighting, ventilation, and internal arrangements of 
hen-roosts and runs. 

The establishment in this country of the Freibank and the stamp- 
ing of carcasses would do much to remedy the anomalous methods of 
dealing especially with tuberculous meat. The freibank is a German 
institution. As has been said, there are many instances where 
total condemnation of tuberculous carcasses is necessary. On the 
other hand, many cases are met, especially among well-fed oxen, in 
which tuberculous involvement is limited to the lungs and pleural 
surfaces. In every other respect the carcass presents the typical 
appearance of excellent beef. Some authorities would condemn the 
fore part of the carcass, permitting the butcher to carry away the 
remainder. Others would without hesitation condemn and seize 
the entire carcass. In Germany the freibank would be requisitioned 
to fulfil its useful purpose in the following manner : Having cleared 
away all evidences of disease, the glands being carefully examined, 



DISEASES MOST COMMONLY SEEN IN THE ABATTOIR 123 

the carcass would be either cut into pieces and cooked in an efficient 
sterihzer, or the meat stamped and sold as inferior. The purchaser 
is, in fact, made aware that he is purchasing an article of secondary 
quality. Only the poorer classes are supplied,, special care being 
taken to prevent the supply of hotel-keepers, restaurateurs, and the 
like. The scheme is designed to assist those unable to buy first-class 
butchers' meat. 

Sentiment alone stands in the way of the institution of the 
freibank in this country. The risk, if any, attached to the consump- 
tion of meat taken from a carcass with distinctly localized tuber- 
culous lesions must be infinitesimal. This will be specially true when 
effective measures are adopted to sell meat that has been carefully 
sterilized. Objections to the initiation of the freibank system in 
Germany were many, but these have been dispelled by the satis- 
factory operations of the principle and by its proved value to the 
poorer classes. 

The Clearing'-house is another necessity from a public health 
point of view. Under this system it is required that all unstamped 
or imperfectly inspected carcasses brought into a municipality 
shall be taken to the clearing-house there to undergo inspection. 
Where many private slaughter-houses exist, or when clandestine 
slaughtering of animals takes place, the need of a clearing-house 
becomes obvious. It may also be necessary at those ports where 
large consignments of dead meat arrive from abroad. The chief 
difficulty in the way of any satisfactory inspection must always be 
I the absence of the organs from the carcass, since without these 
1 the inspector is often at a loss to express a decided opinion. 

Anthrax. 

\ Anthrax is also known as splenic fever and splenic apoplexy. In 
I man it appears as malignant pustule and woolsorters' disease. 
■ Charbon is the French name for anthrax, its German equivalent 
'being Milzhrand. In Siberia the disease chiefly attacks horses as 

Siberian plague. In Australia anthrax is known as Cumberland 

disease ; in India as Loodianah. 

The disease is produced by the entrance into the body of the 
i anthrax bacillus, the discovery of which laid the foundation of the 



124 MEAT AND FOOD INSPECTION 

study of bacteriology. The disease is very fatal among horses and : 
cattle, and sheep are very susceptible. Hogs and pigs are not readily ) 
attacked. 

Infection with anthrax is generally by means of spores, spore-': 
free bacilli being readily destroyed by the gastric secretions. 
Numerous instances have been recorded where meat taken from 
animals that have died of anthrax has, after cooking, been eaten 
either without harm resulting, or with the production of transient 
illness. While this does not altogether prove the harmlessness of > 
meat infected by anthrax, it indicates that man is not very sus- 
ceptible to attack. 

It is seldom possible to trace infection to its actual source. 
Several localized outbreaks in Leith, for example, have never had 
a definite source assigned to them. It has been suggested that , 
anthrax spores may have been eaten with oil-cake and other food- li 
stuffs imported from countries where the burial of animals dead(i 
of anthrax was not carried out with proper sanitary precautions, j 
Oil-cake is derived from the crushed seeds of flax grown in India, 
on the Continent, and in South America. Earth-worms, by casting] 
up spores from improperly buried carcasses, may thus infect the. 
food-stuffs. That anthrax is imported in wool, hair, and hides 
is pretty certain, the experience of Bradford, Liverpool, and < 
Dundee justifying that conclusion. It is significant, too, that 
wool, hair, a«id hides come from those countries where anthrax 
is common. Anthrax shows a tendency to endemicity in some 
districts in this country. Another peculiarity displayed by 
anthrax is that outbreaks seldom are extensive. In the author's j 
experience five different outbreaks have in each instance, save one, i 
been confined to one cow. In the exception quoted two cows were j 
attacked. During the winter of 1904-1905 several districts, widely | 
separated from one another, were simultaneously visited by anthrax. 
Whether the infecting organism be inhaled or swallowed by animals, 
it ultimately reaches the blood-stream. ,' 

Butchers are now and again inoculated with anthrax, the charac- 
teristic malignant pustule resulting. It is surprising that butchers 
escape as they do, accustomed as they are to handle and dissect : 
animals with an utter disregard of consequences. Woolsorters' , 
disease, though uncommon, is still encountered among those 



DISEASES MOST COMMONLY SEEN IN THE ABATTOIR 125 

who handle hides, wool, and hair. This form of anthrax is very 
fatal. 

The incubation period of anthrax is usually short, being frequently 
no longer than seventy hours. The quarantine period for infected 
premises is about twelve days. ' Staggers ' is the name applied to 
anthrax by butchers and stock-owners, because staggering is one of 
the first signs of disease noted. It should be observed, however, 
that the term ' staggers ' is also applied to illnesses due to digestive 
disturbances. Other evidences of attack are found in the fevered 
state of the animal, its loss of appetite and refusal to take food. 
It salivates and listlessly hangs its head. The animal is also obvi- 
ously giddy. It may suffer a good deal of pain and buffet itself 
about its stall.- If seized with illness when grazing, it will roll about 
and kick, other cows butting it in its death agonies. Evidences 
of injuries are thus frequently encountered when the carcass is 
examined. Bleeding from the nose and anus have also been noticed 
in cows attacked by this extremely fatal disease. The post-mortem 
appearances are characteristic. After the animal has been skinned, 
dark haemorrhagic and gelatinous-looking masses, bearing the 
appearance of extravasation due to bruising, are noticed over 
the loins, buttocks and shoulders. The flesh itself is paler than 
usual, but dark where intramuscular haemorrhage has occurred, 
haemorrhages being a characteristic feature in anthrax. 

If an animal be sent to the slaughter-house in a dying state or actu- 
ally dead, and without a clear history of illness being given, the first 
warning is sounded by the butcher as soon as he exposes the spleen. 
This organ is always enlarged in all cattle attacked by anthrax. 
Occasionally the enlargement is abnormally great, its extent being 
gauged by comparing an affected with a normal spleen. If an attempt 
be made to remove the organ, care must be exercised, since the mass 
is soft and extremely friable. Its contents resemble black-currant 
jelly. The chambers of the heart are full of very black clots, the 
pericardium frequently containing bloody fluid. The intestines are 
transparent-looking in places, greatly inflamed, and red, and, when 
opened, quantities of semi-clotted dark blood escape. Haemorrhages 
may be found in the liver and kidneys, the lymphatic glands being 
usually congested. When pigs are infected the spleen may not be 
enlarged, but one finds the throat greatly swollen, together with 



126 ■ MEAT AND FOOD INSPECTION 

internal hsemorrhages. Infection in pigs has invariably been traced 1 
to the consumption by them of meat taken from anthrax carcasses. , 

For purposes of diagnosis blood may be taken from the ear of [ 
an infected animal or from its spleen. Mistakes in diagnosis may ' 
occur by confusing the Cadaver "bacilli usually found in carcasses 
with those peculiar to anthrax. Ostertag lays stress upon this 
point, since these bacilli coming from the intestinal tract may and 
do find their way into neighbouring organs, more especially if the : 
animal has lain unopened for twenty-four hours or more. Cadaver ' 
bacilli form spurious threads. The difference between the two i 
organisms is to be found in the greater length and rounded ends ; 
of Cadaver bacilli, anthrax bacilli having square ends. Enlarged 1 
spleen and rod-like bacilli in the blood may also be found in i 
malignant oedema, petechial fever, heemorrhagic septicaemia, black- ■ 
leg, etc. 

Duties of the Official. — The task of notifying the existence of f 
anthrax to the Board of Agriculture rests with a veterinary in- ■ 
spector, the appointment of whom is called for under the Con- ■ 
tagious Diseases (Animals) Act. The Anthrax Order details the ; 
procedure to be followed on the outbreak of anthrax. 

As soon as a carcass has been opened and the enlarged spleen >i 
exposed, no further dissection ought to be permitted until a micro- - 
scopical examination of the blood has set any doubts at rest. . 
Should the microscopical examination still leave the diagnosis 
doubtful, mice or guinea-pigs must be injected with the suspected : 
blood. 

Once the diagnosis has been established, the booth in which the 
animal was dissected must be closed against further operations. 
All knives and instruments employed by the butchers must be 
sterilized by boiling, or by being steeped in a strong antiseptic 
solution — formalin or carbolic acid. Mercury will injuriously affect 
the steel blades. 

It is not always easy, in large towns especially, to put into effect t 
the recommendations embodied in the Anthrax Order with reference ' 
to the disposal of carcasses. In connection with some abattoirs, a 
piece of spare ground is set aside as a burial-place, but such con- 
veniences are not common, and recourse to other methods 
of disposal becomes necessary. The safest mode of disposal is 



DISEASES MOST COMMONLY SEEN IN THE ABATTOIR 127 

afforded by a refuse destructor. When conveying an anthrax 
carcass for burial or destruction, care must be taken to plug all 
natural openings, and to envelop the body in a covering dipped in 
antiseptic fluid in order to avoid the dropping of infected blood 
by the way. The cart used for the removal of the animal must be 
subsequently disinfected. With regard to burial, it is necessary to 
exercise care in the selection of the burial-ground in order to 
obviate the risk of water pollution, or the infection of pastures by 
the upturnings of earth-worms, rats, and moles. 

Doubt frequently arises regarding the procedure necessary when 
anthrax breaks out at a dairy farm. When a cow is attacked by this 
disease, her milk is immediately suppressed. It is rarely necessary 
to demand the stoppage of milk-supply from the unaffected cows. 
Section 4 of the Anthrax Order {q.v.) directs what is to be done with 
the milk of ' diseased ' or ' suspected ' animals. For a period of 
twelve days the veterinary inspector keeps the infected premises 
under strict obervation, and should no other cases arise, the place 
is declared to be free from infection. 

Section 9 of the Anthrax Order affords the best guide as to disin- 
fection of the slaughtering- booth, farm, etc. 

The other diseases dealt with under the Contagious Diseases 
(Animals) Act are swine fever, cattle plague, and pleuro-pnewnonia. 
For the sake of convenience, these may be now described. 

Swine Fever. 

This disease is also known as hog cholera, pig typhoid or enteric, 
red or hlue soldier, purples. 

The specific organism of this affection is a bacillus very similar to 
that found in human subjects suffering from typhoid fever. 

Young pigs are most prone to attack, though old pigs do not escape. 

The incubation period of the disease is from two to five days. 
Mice, guinea-pigs, and rabbits fed upon a specifically infected diet 
died within two to twelve days. 

A feature of pig typhoid outbreaks is their liability to recur in 
particular premises. This is probably due to similar factors to those 
which influence the endemicity of typhoid fever in certain localities 
— namely, polluted soil infected by the specific virus. To root out 



I 28 MEAT AND FOOD INSPECTION 

the cause of recurrence in piggeries one must advocate recon- 
struction, with the provision of concrete floors, well-paved yards, 
and sound drainage. The author has heard Professor Williams, of 
Liverpool, enunciate a theory to the effect that the persistence of 
pig typhoid in piggeries is due to the presence of infected rats. 
In proof of his statement, he pointed to the fact that pig typhoid 
was only eradicated after all rat runs had been dealt with and 
the rodents exterminated. 

When hog cholera attacks a pig the animal becomes feverish, 
thirsty, prostrate, and refuses all food. At the outset of illness 
there is constipation, which is invariably followed by offensive 
diarrhoea. Such bowel discharges contain the germs of the disease, 
and may give rise to further outbreaks, if allowed to lie about ab- 
sorbent floors and wood-work. As the disease progresses, the animal 
becomes very cold. The eyes may be attacked by purulent oph- 
thalmia. About this stage of illness the characteristic skin eruption 
of red spots appears on the snout, backs of the ears, and anus. Now 
and again the ears are blue or purple. After death the entire skin 
may be covered by blotches of red. These are usually isolated from 
one another, some extensive, others small. and well defined. This 
red coloration has given rise to the synonym, ' red soldier.' If the 
ears and other parts of the body be marked by purple patches, the 
name ' purples ' suggests itself. Though this discoloration of the 
skin should at once arouse the meat inspector's suspicions, the 
feature is not a constant one. Other signs should therefore be 
looked for, otherwise the disease may escape notice, especially if 
sporadic cases arise in a district. Pig typhoid usually runs its course 
in from five to eight days, but may last longer, when the carcass will 
be much emaciated. 

Upon cutting open the affected animal, the main changes to be 
found are in the intestinal tract and lungs. The mucous membrane 
of the mouth may be covered by a diphtheritic-looking exudate, or 
there may be merely a congestion of the parts. The duodenum 
and ileum are usually in a catarrhal condition. Lower down the 
bowel the caecum, colon, and rectum are either covered over with a 
diphtheritic-like membrane, or (as in typhoid in human beings) the 
lymph follicles may be found ulcerated. The similarity of the lesions 
in the pig and man in the proximity of the ileo-csecal valve is very 



DISEASES MOST COMMONLY SEEN IN THE ABATTOIR 129 

striking. The lungs may be found to be unaffected, but usually they 
are consolidated, and when cut into are as resistant as liver sub- 
stance. The picture of acute pneumonia presented is a very striking 
one, the lungs being almost completely solidified. 

The meat of pigs dying of hog cholera is quite unfit for human food, 
and must be destroyed. 

The officials called upon to deal with outbreaks of this disease 
are the veterinary inspector of the local authority concerned and 
members of the Board of Agriculture. The Public Health Depart- 
ment maji assist with adequate methods of disinfection. The occur- 
rence of swine fever may also be the means of enabling the health 
official to deal with piggeries that are in an insanitary condition. . 

Cattle Plague (Rinderpest). 

This disease has, fortunately, been stamped out in this country, 
and it is only the dread of its importation that prompts the Govern- 
ment to maintain the embargo upon the importation of foreign 
cattle. 

The bacteriology of cattle plague is not known. Cattle mostly 
suffer, man being immune. During the European wars of last 
century the armies in the field ate rinderpest meat without any 
harm resulting. 

The lesions found in the disease are confined to the alimentary 
tract. They consist of patches of congestion inside the mouth, 
fauces, and the first three compartments of the stomach. The 
small intestines are similarly affected. The rectal mucous mem- 
brane is intensely injected, the redness being broken by greyish 
lines of diphtheritic-looking membrane. The liver is swollen,' the 
kidneys slightly congested, the spleen being unaffected. Congestion 
of the lungs with haemorrhages into the lymphatic glands may be 
encountered. The flesh has a peculiar odour and a magenta colour. 
Destruction of the carcass is compulsory. 

Pleupo-pneumonia. 

This disease has now become very rare in this country. As 
the name implies, the parts attacked are the lungs and pleura, a 



I30 MEAT AND FOOD INSPECTION 

specific micro-organism having been isolated. The seat of attack 
is usually the left lung. 

Red and grey hepatization are encountered at the same time in 
affected lungs, giving them a marbled appearance. There may be 
fluid in the chest cavity, the pleura being covered by a thick fibrinous 
exudate. When the animal is killed during the acute stages of 
the disease, its flesh is found to be soft and dark, and does not set 
properly. At the lower part of the chest wall the flesh may be 
oedematous and boggy, which feature suggests the application of 
the term ' wet goat ' by butchers. 

The meat is not eaten in this country. 



Swine Erysipelas. 

This is a disease that might be confused with swine fever ; 
accordingly a description of it at this point may not be without 
interest. The disease is seldom encountered in this country. It 
attacks adult pigs, as a rule, younger animals being almost 
immune. The specific organism is a bacillus with rounded ends, 
and may be recovered from the spleen, bone-marroyv, and lym- 
phatics. 

Feverishness, loss of appetite, and gastro-intestinal mischief are i 
characteristic symptoms of the more malignant form of the disease. 
The erythema on the skin is a fairly constant feature, but its appear- 
ance may lead to difficulty in differentiating between swine erysipelas 
and typhoid. The disease in no way resembles erysipelas in the 
human subject. In the diagnosis between swine fever and erysipelas 
bacteriology will be of some assistance. The post-mortem appear- 
ances in swine erysipelas show heart and liver degeneration, with 
deposits on the valves of the heart as well as haemorrhages under the 
serous membranes — e.g., pleura and peritoneum — with enlarged 
spleen, which assumes a bluish-red colour. Ulceration is never 
found in the intestines, but the mucous membrane and lymph i,' 
follicles are congested. The kidneys are dark and enlarged, and 
when cut into a bloody fluid escapes from them. Rigor mortis is 
absent, and putrefaction rapidly supervenes. Such meat is quite 
unfit for human food. 



DISEASES MOST COMMONLY SEEN IN THE ABATTOIR 131 



Contagrious Pneumonia of Swine. 

This disease is happily unknown in this country. In America it 
is known as swine plague, and in Germany as Schweineseuche. The 
lungs and pleura show signs of inflammation, and the skin may be 
discoloured. Hepatization of the lungs and lymph exudation on 
the pleura are found. The meat should not be eaten, though no 
harm has been traced to its consumption. 



Urticaria (Nettlerash of Pigs). 

This is believed to be a bacterial disease caused by the eating of 
putrefying food-stuffs. 

The lesions to be found on the skin take the form of diamond- 
shaped subcutaneous haemorrhages. These fade as the disease 
advances. Feverishness, loss of appetite, and constipation are 
the chief symptoms among pigs. 

In Germany the meat is passed on to the freihank, and sold from 
there as ' inferior food material.' 



Braxy. 

The term ' braxy ' is somewhat indiscriminately applied by shep- 
herds, agriculturists, and others in this country. True hraxy is an 
infectious disease most common in winter, young animals being 
selected for attack. It has been observed that flocks grazing upon 
poor pastures are most frequently affected. Spore-bearing bacilli, 
which are believed to be the specific micro-organisms of the disease, 
have been isolated. These bacilli may be recovered from the 
organs and inflamed alimentary mucous membrane of infected 
animals. 

The disease runs an acute course. The sheep attacked becomes 
sick, and, if undetected by the shepherd, lies down and dies. Should 
a sick animal be observed, it is bled on the spot, so that the flesh 
may be used by the cottars, since it is principally they who consume 
braxy mutton. If the animal dies, its body rapidly swells, putre- 
faction soon following. Death takes place either from suffocation 

9—2 



132 MEAT AND FOOD INSPECTION 

caused by the excessive distension of stomach and bowels, or from 
toxaemia (blood-poisoning). 

After death the wool is readily detached from the skin. The sub- 
cutaneous and muscular tissues are boggy with bloody oedema. 
The walls of the fourth stomach show dark red spots. The other 
compartments and the mucous inembrane of the intestines may be 
similarly affected. The serous cavities may contain a bloody serous 
fluid. The above features apply to the disease known as red 
braxy, the affection being exactly similar to that commonly found 
among sheep in Norway under the name brusot. 

Water and turnip braxy are dietetic disorders which must on 
no account be confused with the specific disease so fatal among 
certain flocks. The mutton of red braxy is never exposed for 
sale. When, however, ailing sheep are detected and bled before 
death, the mutton is salted, smoked, and eaten as a delicacy by 
the hillside people in many remote parts of Scotland. When the 
process of putrefaction has set in prior to salting and smoking, 
signs of gastro-intestinal catarrh (vomiting, diarrhoea, etc.) may 
appear amongst the consumers. 



Louping-ill. 

This is another disease which attacks sheep. It is most frequently 
encountered in Scotland and Northumberland. The pathology of I 
this peculiar malady is not yet understood. The disease usually 
makes its appearance between the months of April and June, its 
characteristic being the manner in which outbreaks are confined to 
small areas. For instance, a flock in one field may be attacked, and 
another separated only by a wire fence may remain free of disease. 

The outstanding manifestations of attack are the onset of para- 
lytic symptoms ; the muscles of the head, neck, and limbs become 
involved, complete paralysis of the parts resulting. 

It was thought that a ' tick ' conveyed the disease from animal 
to animal, but flocks free of the parasite have been attacked. 
After death the spinal cord and its coverings may be found diseased. 
Should sheep be attacked, they soon become emaciated, their flesh 
being in consequence unfit for human food. 



DISEASES MOST COMMONLY SEEN IN THE ABATTOIR 133 



Foot and Mouth Disease (Aphthous Fever, Epizootic 
Eczema). 

This disease is not so common as it formerly was. It most 
frequently attacks cattle, though sheep and pigs may be affected. 
The disease is inoculable and contagious, and is transmissible to 
man. Its pathology has not been defined. 

The parts involved are the mucous membrane of the ' pad ' (the 
toothless border of the upper jaw), the coronet, the skin in the cleft 
of the hoofs and at the supernumerary digits. When cows are 
attacked, the risk of transmission to man is increased, the teats and 
udders being affected. Now and again the mucous membranes of 
the pulmonary and alimentary tract may be involved. 

The parts become inflamed, and vesicles about the size of a 
florin appear. These burst, and leave a red and angry sore, sup- 
puration invariably ensuing. When the erosion of the ulcers is 
severe, haemorrhage may occur. Sloughing of the hoofs may take 
place. 

When the mouth alone is examined, foot and mouth disease may 
be mistaken for actinomycosis. On the other hand, if the hoofs 
be looked at and not the mouth, the condition of the former may be 
ascribed to injuries. Foot rot in sheep may also lead to confusion, 
but in the case of this disease no vesicles or ulcers are to be 
seen. 

No ih-effects have followed the eating of meat taken from animals 
that have suffered from foot and mouth disease. The contagious- 
ness of the disease must, however, be kept in mind. Since pyaemia 
may be the ultimate cause of death of the animal attacked, the meat 
should not be used for human food. In practice the meat is never 
allowed to pass out of the slaughter-house in this country. 

Malignant Catarrhal Fever. 

This disease has a place given to it because it has been confused 
with cattle plague. The bacteriology is unknown, and the disease is 
not communicable to man. The appearances of the alimentary 
canal in cattle plague and malignant catarrhal fever are not unhke 



134 MEAT AND FOOD INSPECTION 

one another, but in the advanced stages of the latter disease a foul- 
smelling discharge comes from the nostrils ; haemorrhages into the 
interior of the eye, with acute inflammation, may also be seen, 
The meat is unfit for human food, though recently killed meat has 
been eaten without harm resulting. 



Actinomycosis. 

This disease is also known as lumpy jaw and wooden tongue. 

It is produced by the ray fungus (actinomyces), and is most common 
amongst cattle. Pigs are also liable to attack. It is rare to find 
the disease among sheep and horses. In its degenerate forms, 
as found in the tissues, the parasite cannot infect others by 
inoculation. 

Actinomyces give rise to a thickening of the parts attacked 
without the formation of pus. If suppuration does take place, it is 
due to cross-infection with pus-forming organisms. When the head 
is attacked, as invariably happens, the enlargements are often very 
great, inflammation of the bone, as well as excessive development of 
granulation tissue, being the cause. When the jaw is attacked, the 
term lumpy jaw becomes applicable to the condition found. 
Since the tongue is attacked with unfailing regularity, and the 
thickenings are tough and leathery, the name wOOden tongfue 
aptly describes the condition of the organ. Erosions are found on 
the tongue and inside the buccal cavity. In all deposits caused by 
actinomyces yellow spots denoting the presence of the ray fungus 
colonies may, after careful -scrutiny, be detected. The fact that 
actinomycosis may attack the lungs occasionally leads to the con- 
fusion of this disease with tuberculosis. The presence of extensive 
ulcers in the former disease, and a microscopical examination, assist 
in establishing a diagnosis, these ulcers being found in defined areas. 
Infection of the liver may take place indirectly through the portal 
vein or directly from the stomach. The udder and kidneys may be 
involved, the former with tubercle-like deposits, as small as pin- 
heads or as large as hens' eggs. When swine are attacked, the 
mammary glands may be the site of abscesses in which the ray fungus 
abounds. Actinomycosis frequently occurs in isolated cases. 

The transmissibility of the disease to man must remain an open 



DISEASES MOST COMMONLY SEEN IN THE ABATTOIR 135 

question. Among seventy-five persons attacked, contact with 
animals could not be traced, thirty-three of them being millers, 
tailors, glaziers, or merchants. That there is risk attached to the 
eating of infected meat has not been proved. 

The disease is now believed to be communicated to animals by 
cereals and straw. 

When the disease is well distributed throughout the carcass its 
destruction should follow. If, however, the disease be localized and 
the carcg,ss well nourished, the affected portions may alone be 
rejected. 



Black Leg" (Black Quarter). 

Also known as quarter-ill, striking, murrain, and in Scotland as 
black spauld. Cattle are most commonly attacked between the 
ages of four months and four years. The bacillus which causes the 
disease has its habitat in wet and marshy soils. The peculiar 
feature of the organism is that it is spore-bearing, the spores remain- 
ing inactive until the animal has been dead for one or two days. 
Therefore, meat cooked on the day of slaughter may be rendered 
harmless, but if not treated by heat until twenty-four hours after 
death of the animal the spores may resist destruction. 

The most characteristic lesions are to be found under the skin in 
the form of crackling tumours due to gas formation. This emphy- 
sema rapidly spreads over the surface of the body, the thigh, neck, 
shoulder, loin, sacral region, and lower part of the breast being 
most frequently attacked. High fever almost invariably accom- 
panies the attack. 

When an emphysematous part is cut into, a disagreeable smell 
escapes. Under the skin itself there is an infiltration of bloody 
mucoid matter, the underlying muscles being dark in colour. 
Haemorrhages and serous exudations may be found in and under 
the serous membranes. Cloudy swelling may be found in the heart, 
liverj and kidneys. The gelatinous-looking appearance of the 
tissues underlying the hide might a.i first suggest the existence of 
anthrax in a carcass, but the absence of splenic enlargement will 
aid in establishing a diagnosis. 



136 MEAT AND FOOD INSPECTION 

Meat from animals that have died as the result of black leg is 
never eaten. 



Glanders and Farcy. 

This malady is strictly confined to horses. Cattle have never 
been known to contract the disease. The ailment has been men- 
tioned because it may be contracted by human beings. 

When the microbe attacks the mucous membranes and the organs, 
the disease is known as g'landers ; but when the superficial lym- 
phatics and skin are involved, farcy is the name applied to the 
resulting lesion. The lungs and nasal septum are the parts 
most commonly attacked. In the case of farcy, ' buds ' usually 
form on the skin of the limbs, and especially on their inner 
aspects. The ' buds ' invariably break down, leaving discharging 
ulcers. 

The source of danger to man consists in the handling of infected 
animals, be they alive or dead. 

Elsewhere reference has been made to the employment and nature 
of mallein. The Glanders and Farcy Order, 1894, Section 17, 
enacts that glandered meat must be condemned. 

Navel-Ill and Joint-Ill. 

When the umbilical cord has been improperly cared for, pyaemia 
may result by the entrance of septic organisms. When this form 
of sepsis occurs, the condition is known as ' umbilical pyaemia.' 
Multiple abscesses are found in the liver, and in consequence of the 
blood-stream being involved, abscesses are distributed throughout 
the body. Fortunately, most calves affected die before they reach 
the slaughter-house. When a calf suffering from navel or joint ill 
is sent for slaughter, condemnation of the carcass must be the rule. 
Elsewhere reference has been made to the risks attached to the 
consumption of sausages containing pyaemic meat. When joint-ill 
is encountered, the hocks and knees are much enlarged, the swelling 
being due to inflammation of the joints. All young animals — calves, 
pigs, lambs, and foals — are subject to attack, since their cords are 
left to Nature to effect the healing process. 



DISEASES MOST COMMONLY SEEN IN THE ABATTOIR 137 



Septic (Puerperal) Metritis. 

This condition is frequently met at the slaughter-house. It 
is quite unnecessary to enlarge upon the causes when one realizes 
under what filthy conditions parturient animals, especially cows, 
are in many cases expected to exist. 

The uterus is filled with abominably foetid debris, which may be 
bloody or purulent. The pelvic tissues in the neighbourhood of 
the generative organs are hypersemic and angry-looking. There 
may be distinct evidences of septic peritonitis. Should the cow 
have been ill for some time, abscesses in the pelvic region may 
be found. Septicemic abscesses may also have established them- 
selves throughout the carcass. The flesh is fevered and dark, and 
stasis of blood from decubitus of the sick animal may be expected. 
Such a septic condition calls for condemnation of the affected 
carcass. 

Milk Fever (Parturient Apoplexy). 

This disease must not be confused with that just described. 
Milk Fever is common among cows, heavy milkers being most 
subject to attack. Also cows in good condition are more susceptible 
than lean or poorly nourished animals. The disease is believed 
to be due to an auto-intoxication, the poison developing in the 
udder. It is seldom encountered among cows until after their 
third parturition. 

The onset is sudden, and develops forty-eight hours after calving, 
when the affected cow becomes greatly excited. She staggers, and 
finally falls on her side, on which she lies, as if suffering great pain. 
She may injure herself by dashing herself from side to side. Coma 
ensues, and the temperature becomes subnormal. 

After death of the animal the flesh is dark and fevered. The 
blood is tarry-looking, and the lungs may be congested. There 
may be evidences of bruising over the sides, hips, and chest, the 
result of self-inflicted injuries. Cows killed by the butcher do not 
bleed freely. 

The carcasses of such cows are unfit for human food. 



138 MEAT AND FOOD INSPECTION 



Mammitis. 

Inflammation of the mammary gland is often ascribed by the 
cow-feeder to be due to chills, hence his great antipathy to free 
ventilation of his cowshed. ' Weeds ' is the term applied to in- 
flamed udders. Should the inflammation end in pus formation, the 
cow is sent to be slaughtered, but it is only when the contents of 
the abscess are foul-smelling and septic that one requires to consider 
the need for total destruction of the carcass. The abscess may be 
confined to one quarter of the udder. Even though the entire 
udder be involved, the confiscation of that part will, in the majority 
of instances, alone be necessary. 

Milch cows are most commonly attacked. When the heifer is 
the subject of disease, suppuration of the udder is the invariable 
rule. 



CHAPTER XII 
OTHER CONDITIONS MET AT THE SLAUGHTER-HOUSE 

The loss of good material for teaching purposes — Heart lesions — Excited 
animals ; the use of drugs ; broken limbs— Slink veal — Obiections against 
' blowing ' by butcher — Degenerations — Cow-pox — Diarrhoea — Strongyli 
— Parasitic diseases. 

During the routine work of meat inspection many interesting 
pathological conditions apart from those already described are met. 
These to a well-trained and competent meat inspector are always 
significant, and tempt him to pursue his investigations until he 
learns the true significance of the changes. It is tantalizing in the 
extreme to the painstaking student of meat inspection to learn, as 
he often does, upon visiting the slaughter-house, that the organs of 
a particular animal exhibited peculiar features, but that, in the 
absence of definite information and knowledge, the person in charge 
had cast the organs into the manure-pit. 

It can be readily imagined how meagre our knowledge of human 
pathology would have been had demonstrators in anatomy and 
pathology immediately destroyed all bodies which exhibited con- 
ditions that were at the moment unintelligible to the observer. 
Much useful material for teaching purposes is lost at our large 
slaughter-houses because no one in charge is skilled in the signifi- 
cance of the various morbid conditions encountered. 

Heart lesions, accompanied by pallid flesh and dropsy, due to im- 
pacted needles, nails, hairpins, etc., are not infrequently seen. 
Animals that have been drowned, suffocated, or killed in transit 
are sent to the abattoir. Animals brought to the slaughter-house 
in a dying condition are imperfectly bled. Their flesh is dark, blood- 
stained, the internal organs being gorged with blood, and the 
meat sets badly. As has already been pointed out, tired, excited, 
or infuriated animals should always be rested for a day or more 

139 



I40 MEAT AND FOOD INSPECTION 

before slaughter. If killed when excited, their flesh is apt to be 
harsh and dark, suggesting inflammatory conditions. Animals are 
often removed to the slaughter-house after every effort has been 
made with the help of drugs to tide the beast over its illness. 
Not only must one examine the flesh for the taint of medicine, but 
it will be necessary to look for the cause of illness. This will be 
frequently localized in the lining of the stomach and intestines in 
the form of an acute enteritis, accompanied, perhaps, by peritonitis. 
Bones and tendons are frequently broken in course of transit, but 
if the animal be immediately killed there need be no hesitation in 
passing the meat. Should sepsis have supervened, the dark and 
fevered condition of the flesh will warrant seizure. 

When veal is imiriature (slink veal), seizure may be necessary. 
In some abattoirs calves are blown after slaughter — that is to say, 
a puncture is made in the skin, and air blown forcibly under the 
hide, in order to render it more easily stripped off the young animal. 
As soon as air has been blown the puncture is closed, and the im- 
prisoned air pounded with the hand, so as to raise the hide by 
lateral pressure of the contained air. It is maintained that blown 
veal keeps better than that not so treated. While the need to 
blow veal does not actually exist, there is no objection in some 
minds to the procedure provided the application of the butcher's 
breath be strictly prevented. The habit is a filthy and reprehen- 
sible one. Insufflation of air by a properly devised instrument — 
a powerful syringe, for instance — cannot be objected to if the 
instrument be maintained in a cleanly state, and air free from dust 
or gross impurity employed. 

Putrid meat is easily detected. 

Fatty deg'eneration is found in the livers of cattle and sheep. 
Cirrhosis usually accompanies this condition. Amyloid or waxy 
disease is seldom seen in the slaughter-house. It does, however, 
exist in the livers, kidneys, and spleen (sago spleen) of horses and 
tuberculous pheasants. Necrosis (death of the part involved), due 
to moist gangrene, renders meat unfit for human food. The con- 
dition known as bacterial necrosis is occasionally encountered 
in the livers of cattle. The lesions, which are liable to be mis- 
taken for tuberculous deposits, are caused by organisms, which can 
be isolated from the margins of the dead areas. The areas involved 



OTHER CONDITIONS MET AT THE SLAUGHTER-HOUSE 141 

may be as small as pin-heads or as large as a shilling piece. A 
grumous -loo king substance is contained in the necroses. Since the 
disease is localized, it is only necessary to confiscate the affected 
organ. Tumours of various kinds may be occasionally observed in 
slaughtered animals. Red water, caused by the breaJcing up of 
the red blood-corpuscles, is rarely observed. When this disease 
manifests itself, the liver becomes enlarged. In the dead areas the 
tissues are pigmented, and the flesh pale and watery. Condemna- 
tion always follows. Cow-pox does not render meat unfit for human 
food, but^ as has elsewhere been remarked, the existence of this 
disease constitutes a source of danger to the milk consumer, as well 
as those who handle affected teats and udders. 

Calves that have suffered from diarrhoBa (white scour) are 
sometimes bled immediately before being brought to the slaughter- 
house. The fact that bleeding was urgently called for must of 
itself arouse suspicion. Also, in the absence of a definite history 
of illness the lining of the stomach and intestines must be 
carefully examined, since white scour leaves traces of congestion 
and white curdy matter behind it. Further, if a calf has been ill 
for a few days, its carcass will be greatly emaciated. Calves that 
have suffered from diarrhoea immediately before being slaughtered 
are not fit for human food. Strongyli in sheeps' lungs are 
extremely common. Their presence has given rise to the applica- 
tion of the term ' false tubercle.' Hoose is another name applied 
to the condition caused by the presence of these worm-like parasites, 
which can be readily detected by the naked eye and by the fingers. 
It is only when the lungs are seriously involved that seizure of the 
organs need follow. 

Diphtheria in fowls results in the formation of a membrane which 
attacks the conjunctiva, pharynx, mouth, and breathing passages. 
The disease is caused by a bacillus. There is nothing to prove that 
the disease is transmissible to man, but the fact that animals 
affected are emaciated renders their flesh unfit for human food. 

Parasitic Diseases. 

The diseases that will be dealt with are those due to the beef 
bladder worm {Cysticercus bovis), pork bladder worm (C. celluloscB), 
and trichina {Trichina spiralis). Among fish the Bothrioce-phalus 



142 MEAT AND FOOD INSPECTION 

latus (bladder worm) is found, though it also is met with in cattle 
and hogs. 

Beef Bladder Worm (Cystieercus Bovis). — This is the 
larva of a worm known as the Tcenia saginaia of man. This para- 
site, as found in the muscle substance, lungs, liver, brain, and 
lymphatics, is pear-shaped. The size of the parasite varies between 
that of a millet and a hemp seed. As found in the tissues of cattle, 
the size may be as small as a pin-head or as large as a pea. The 
muscles of mastication, in the vast proportion of instances, 
contain the worm, the heart and tongue figuring next in order of 
frequency. 

In Germany meat is systematically inspected for the presence of 
C. bovis. In this country little inspection is done, because 
due importance has not been attracted to the subject. That the 
inspection of the meat for C. bovis is necessary has been brought 
forcibly home to the author, who adopted zomo-therapy (raw meat 
treatment) for those being treated for tuberculosis of the lungs at 
the Leith Isolation Hospital. Among those partaking of raw meat 
several developed digestive disturbances discovered to be due to 
tapeworm. The discovery led to the discontinuance of the raw- 
meat dietary. 

Elaborate methods are employed in Germany for the detection 
of cysticerci in sausages and mincemeat. A lye is prepared from 
a soluble alkali such as caustic potash or soda, the strength of 
the solution being such that shreds of lean meat float on the surface 
of the liquid. Having given the lye time to clarify, it is decanted 
into a glass drawn out to a fine point at its base. The mincemeat, 
or sausage, is then mixed with a small quantity of the alkaline solu- 
tion until a thin broth is formed, this broth being poured into the 
conical vessel already mentioned. While this mixture is being 
stirred, water is added until pieces of meat begin to sink. If 
cysticerci be present, they sink at once, and can be readily isolated 
by getting rid of the rest of the debris. 

Infected meat is dangerous only after the head of the parasite 
has developed. Meat containing degenerate cysticerci may be sold 
as fit for human food, but it must be pointed out that mature cysti- 
cerci are frequently associated with those that have become 
degenerated. 



OTHER CONDITIONS MET AT THE SLAUGHTER-HOUSE 143 

Boiling, pickling, or cold storage for two or three weeks kills 
C. bovis. 
Hog" Bladder Worm— Pig- Measles (Cysticercus Cellulosse).— 

This parasite gives rise to Tcenia solium in man, and, like 
C. bovis, is found in the muscle substance. The scolex of the 
pig bladder worm possesses a double circle of hooks not found in the 
beef parasite. 

The worm is most commonly found in the abdominal muscles, 
pillars of the diaphragm, and in the lumbar, intercostal, neck. 




Fig. 38. — Head of T^nia Solium. 
(Sommerville's ' Practical Sanitary Science.') 

and mastication muscles. It is also encountered in the tongue and 
heart. Only in rare cases is it found in the lungs, liver, or spleen. 

The size of the parasite varies with its age. At the end of three 
weeks it may be about the size of a pin-head, and at the end of two 
months as large as a pea. 

The disease is not so common as it formerly was. 

Since raw pork is not such a common article of food in this country 
as it is in Germany, the cases of infection with Tcsnia solium are 
rare. Boiling and pickling are destructive to cysticerci of the pig, 
which are more resistant than are those of C. bovis. Cold storage 



144 



MEAT AND FOOD INSPECTION 



does not render measly pork harmless to man. C. hovis die sooner 
in meat than the parasites of C. celluloses. 

To roughly examine pigs for the presence of C. celUilosce the mouth 
is forcibly held open, and the under surface of the tongue examined 
by the fingers for the detection of the shotty deposits in that organ. 

In Germany the authorities refuse to permit the sale of measly 
pork unless it has been rendered harmless to man by cooking or 
other appropriate treatment — e.g., pickling. Slightly infected pork 
is sold from the freihank, and accompanied by the usual declaration 




Fig. 39. — Trichina Spiralis. 
(Sommerville's ' Practical Sanitary Science.') 

regarding the inferiority of the article vended. When the pork is 
speckled with cysticerci the carcass ought to be condemned. 

Trichina Spiralis (Trichiniasis). — This parasite is found in 
the fat and muscles of swine, those principally attacked being the 
diaphragm, the intercostals, and the muscles of mastication. When 
enclosed in their capsules, the worms are easily detected by the naked 
eye. A weak solution of caustic potash may be used as an accessory 
to clear the capsule and to expose the coiled-up thread-worm within. 
Should the capsule have become calcareous, it may be necessary to 
use acetic acid or ether to partially dissolve the thick envelope. 

When trichinosis attacks man, the muscular pains which follow 



OTHER CONDITIONS MET AT THE SLAUGHTER-HOUSE 145 

suggest to the physician's mind the presence of rheumatic mani- 
festations, the pain being often intense, but, unhke rheumatism, 
confined to the muscles. (Edema is often present ; digestive dis- 
turbances and fever are also observed. 

The manner in which Trichina spiralis attacks man is as 
follows : When infected flesh enters the stomach the gastric secre- 
tions dissolve the capsules containing the trichinae, which are then 
free to grow in the intestines. After a few days' stay in the intes- 
tines the parasite is easily seen as a white thread-like body. The 




EiG. 40. — Head of Distoma hepaticum, showing Sucker. 
(Somerville's 'Practical Sanitary Science.') 

females produce enormous numbers of young, which at once migrate 
penetrating the intestinal walls, and reach the tissues, where they 
settle down. It is during this transition stage that the acute pains 
so often felt manifest themselves. Should the disease take a 
favourable turn, it is because the worms have become encysted, 
and incapable of doing further harm to their host. 

Trichinosis is not common in this country, because the inhabitants 
rarely eat ham that has not been cooked. In Germany the malady 
was formerly commonly met with, but rigid inspection has greatly 
reduced the incidence of the disease. 

10 



146 MEAT AND FOOD INSPECTION 

It is only by training meat inspectors in the use of the microscope 
that the pubhc of this country can be protected against measly 
meat or trichinosed pork. Trichinosed pork should be condemned 
as unfit for human food. Trichinse may be killed by efficient 
cooking ; pickling and curing by smoke also render trichinous pork 
safe for human food. 

Ascarides. — These cylindrical worms, varying in length between 
4 and lo inches, are found in the small intestines of the calf, sheep, 
and pig. The latter animal is most subject to attack. The fact 
that these worms give off a disagreeable odour which permeates the 
flesh justifies condemnation of affected carcasses. Not only is the 
smell objectionable, but the taste of the meat is rendered unpleasant. 

Distomatosis or Fluke Disease. — This condition, most commonly 
found in sheep, is known as rot, and is caused by the presence of 
the Distoma hepaticum, or liver fluke. 

The distoma is of a dirty blue colour. It is about an inch long 
and J inch in breadth, and resembles a plaice in shape. It is quite 
flat, and can be frequently demonstrated at the slaughter-house. 
The bile-ducts of the liver are the common habitat of the fluke- 
worm, though it may migrate to the intestines along the bile-duct. 
Stockman has frequently found flukes in the lungs of oxen. 

Cirrhosis of the liver is caused by the presence of flukes, and as a 
result the affected animal may become very thin. This emaciation 
is found among sheep, the flesh of the affected animal becoming pale 
and watery. 

It is only when the carcass is thin and the flesh of poor appearance 
that total seizure becomes necessary. Usually the disease is con- 
fined to the liver, in which case only that organ is confiscated. 



CHAPTER XIII 
FISH, OYSTERS, MUSSELS 

How fresh fish are preserved — The liability of gutted fish to seizure — Keeping 
qualities of fish — Characteristics of good and bad fish — Methods of 
catching fish — The dangers of unsuitable gathering-grounds for oysters, 
mussels, and whelks. 

At those sea-ports which form the headquarters of trawlers and 
fishing-boats, the fish-market, held at an early hour of the morning, 
will demand the constant attention of the food inspector. 

Trawlers propelled by steam, as many now are, are capable of 
going long distances to sea in search of productive fishing- grounds. 
It therefore becomes necessary, after fish have been caught, to gut 
and pack the catch in boxes filled with broken ice. Accordingly, 
the longer the gutted fish have been kept before being brought to 
the market, the greater need will arise for care in examination on 
the part of the official concerned. If the trawler could return 
immediately from the fishing-ground, • the need for gutting and 
icing would be obviated. To supply the London market with 
perfectly fresh fish, small steamers are specially fitted to visit the 
trawling fleets. This enables the trawlers to remain at sea for an 
indefinite period, and whilst avoiding the necessity for gutting and 
preservation in ice, also relieves the trawlers of superfluous cargoes 
of ice and boxes. 

Now and again abnormally heavy catches are landed, with the 
result that the market is overstocked and prices fall. In order to 
prevent a glut and a reduction in profits, surplus quantities are 
despatched by rail or steamer to another fish-market. Should such 
consignments be transferred from one place to another, the fish 
inspector must at once send warning of the fact to the official 

147 10 — 2 



148 MEAT AND FOOD INSPECTION 

responsible. Many seizures of such consignments of unsound 
gutted fish may be made as a result of such warnings. 

Gutted fish are usually bought at the market by street- vendors. 
Consequently the entire stock-in-trade of many fish hawkers may 
be seized and destroyed by the health authorities. The hawker 
himself is well aware that his purchase at the market is a question- 
able transaction. Accordingly, seizure of the fish he is selling meets 
with frank acquiescence. When this experience is met it will be 
generally found that the readiness to permit seizure is accompanied 
by urgent appeals in favour of lenient procedure on the part of the 
official. 

All varieties of fish do not keep equally well. Halibut, cod, 
haddock, and turbot, may be kept on ice for a week and yet be 
fit for use. Ling, whiting, mackerel, and herrings should be used 
at once. The same may be said of salmon, ' which contains more 
fat than any other species of fish, not excepting eels, mackerel, 
and herrings. Shellfish of all kinds quickly decompose, and should 
be eaten soon after being caught. 

The flavour of fish depends upon the nature of the feeding and 
the fat contained in the fish. The sea fish most favoured are 
those caught in deep water where the currents are strong. Fish 
caught in sluggish, shallow, and warm water are seldom palatable. 
Fresh fish which is sound arid fit for human consumption should be 
stiff and free from much sliminess. The eyes should be bright and 
clear, not sunk in their sockets and dim. Stale fish are soft, and, in 
addition to possessing a most offensive smell, their flesh pits on the 
slightest pressure. 

If the fish have been gutted for some time, the points of 
inferiority already mentioned will be present. On further examina- 
tion of the fish for evidences of decomposition, the great dis- 
coloration of the internal surfaces, the foul smell, and the ease 
with which the flesh can be detached from the bony structures, 
will be observed. Should the last-named feature be present, the 
condition of the fish will be found to be very unsatisfactory. Street 
hawkers frequently deal in ling ; and as this fish, when fresh, is soft 
as compared with other varieties, one must not be too hasty in form- 
ing a judgment regarding unsoundness. The same caution should 
be exercised when cat-fish are suspected of being unsound. The 



FISH, OYSTERS, MUSSELS I49 

repulsive -looking head of the cat-fish is invariably cut off before 
exposing the rest of the body for sale. 

Fish are caught by trawling, line-fishing, drift-net-fishing, 
seine-fishing, and moored-net-fishing. A brief description of these 
methods may therefore be of interest. 

Trawl Fishing". — All along the east and west coasts of Scotland 
and England trawling is carried on by fleets of steam or sailing 
vessels, the rapidity of the former, and the ease of handling them, 
having led to a great increase in their numbers. 

Amount the fish most commonly caught by the trawl-net are 
halibut, turbot, brill, sole, plaice, flounders, cod, haddock, whiting, 
hake, ling, and red mullet. All varieties of fish that feed at the 
bottom of the sea are also brought to the surface in large quantities. 

The trawl-net is triangular in shape, and made like a bag, the 
mouth of the bag being kept open by a wooden beam suspended 
from a triangular hoop of iron. When the trawl is heaved over- 
board it sinks to the bottom, along which it is dragged by the vessel, 
moving at a slow pace. When the ground fish are disturbed, they 
attempt to escape, many being caught in the net and trapped at 
the conical end of the bag. 

Many difficulties attend the use of the beam trawl, in the form of 
rocky bottom, sunken wrecks, and other unlooked-for obstacles, 
and it may be necessary to cut the net adrift on account of its having 
become firmly fixed at the bottom of the sea. 

Line-fishing" is usually carried on by deep-sea boats, long 
lines, to which large numbers of hooks are fixed, being employed. 
The hooks are baited with mussels, pieces of herrings, sand-eels, or 
whelks. Cod, ling, halibut, turbot, skate, coal-fish, and ray, are 
caught by these long lines. Haddock-fishing is carried on by 
smaller boats employing shorter lines. When the line is ' shot,' a 
sinker draws the hooks to the bottom. Attached to the sinker is a 
line, to the end of which is fixed a float, which marks one end of the 
line. As the boat moves slowly along, the line is slipped overboard, 
care being exercised to keep the hooks from sticking to the sides of 
the boat. To prevent this, the line is passed over a smooth metal 
shute. When the last of the line has been reached, another sinker 
is dropped, and to this is attached a line holding at the water's 
surface another indicator in the form of a small buoy with a flag 



I50 MEAT AND FOOD INSPECTION 

attached. Some deep-sea boats using lines are fitted with tanks 
containing salt water in which fish can be kept alive until the 
market is reached. 

Drift-net-flshing" is employed to catch fish that swim near 
the surface — e.g., herring, mackerel, and pilchards. The net is 
shot as the boat moves along, sirikers attached to its lower 
borders dragging the net down. To maintain the net in a per- 
pendicular position, corks and bladders fixed to its upper border 
are employed. The mesh of the net differs according to the variety 
of fish to be caught. As fish swim along they come against the 
drift-net, and, in attempting to force their way through the meshes, 
are caught by their gills. When fish— more particularly herrings — 
are firmly caught, their heads may be torn off or their bodies lacer- 
ated. Such mutilation depreciates the value of the fish. In point 
of fact, herrings that have been lacerated are known as ' T.B.'s ' 
(torn bellies), possess a poor market value, and rapidly dete- 
riorate. Herrings that have been bruised and subsequently packed 
in barrels with salt are also liable to be seized and condemned as 
unfit for human food. Enormous quantities of herrings are expe- 
ditiously gutted, sorted into sizes, salted, and despatched in barrels 
to the Continent from this country. Such small villages as Balta- 
sound in Shetland become busy townships during a prosperous 
herring fishing season, thousands being employed in the fishing and 
fish-curing industry. 

Seine-net-fishing^ is practised along the coasts and in rivers. 
The ' seine ' is worked from the shore, the net being shot from a 
rowing-boat, which, after making a wide detour, returns to its 
starting-point. One end of the net is fixed to a windlass, while the 
other is pulled by the fishermen, who walk along the beach in the 
direction of the windlass. The net is thus converted into a bag, 
and the fish engulfed. This is a favourite method of catching 
salmon in rivers. 

Moored nets are sometimes known as stake-nets. As the 
name implies, the nets are attached to upright stakes fixed at right 
angles to the shore and across the current. At intervals the net 
is fashioned into bags in order to trap fish swimming close in shore. 
Salmon and sea-trout are usually caught in stake-nets, generally 
placed in the estuaries of rivers favoured by pink-fleshed fish. 



FISH, OYSTERS, MUSSELS 151 

Shell-flsh. — Crabs and lobsters are caught in dome-shaped 
wicker-work cages, in which fish-bait is placed. Crabs and lobsters, 
tempted by the bait, crawl up the sides of the cages, enter funnel- 
shaped openings, and once in cannot escape. 

Oysters are usually dragged from a laying or bed by means of a 
trawl. The danger attached to the eating of oysters gathered from 
sources polluted by sewage, and especially if contaminated by enteric 
excreta, is too well known to require emphasis here. Attempts 
have been made to secure legislation that would prevent the laying 
of oyster-beds in unsuitable places, but without success. Oysters 
derived from polluted beds may be seized by the health official if 
he considers, after investigation and bacteriological examination, 
that they are a source of danger to the consumer. Unfortunately, 
mischief has often been wrought before attention is drawn to oysters 
as the probable cause of an outbreak of enteric fever. 

Mussels and whelks are also collected from most unsuitable 
places. At many seaside resorts, every summer and autumn, 
despite printed notices conspicuously exhibited at intervals along 
the foreshore, cases of enteric fever and choleraic diarrhoea are 
distinctly traced to the consumption of shell-fish gathered from 
areas to which sewage has access. 



CHAPTER XIV 
PTOMAINE AND FOOD-POISONING 

Dr. Ballard's investigations — Pork poisoning — Middlesborough outbreak — 
Sausages — Veal — Gaertner's bacillus — Canned meats — Raw herrings — Pies. 

Reference has been made to the occurrence of ptomaine-poisoning 
as the result of eating tainted food. Ptomaine-poisoning is not 
confined to the eating of tinned foods alone, since Dr. Ballard has 
very fully dealt with many striking and interesting outbreaks caused 
by the eating of pork, either roasted alone or mixed in pies. Pork 
appears to favour the rapid development of poisonous micro- 
organisms on account of its richness in gelatine, a favourite medium 
in bacteriological laboratories for the growth of germs of various 
species. Of the fourteen outbreaks investigated by Dr. Ballard, 
ten were due to eating pig-meat. 

It is often impossible to detect any change in meat laden with 
the alkaloid associated with the ptomaine poison. This hidden 
danger to the consumer is a serious factor which must be taken 
into account. 

In this connexion a few examples may be briefly quoted. Dr. 
Ballard relates the case of a shopkeeper at Oldham who sold Ameri- 
can pigs' tongues to three different customers. The tongues were 
contained in a tin. Those who ate the tongues were almost imme- 
diately seized with sickness, vomiting, diarrhoea, and became col- 
lapsed. 

In another instance roast pork, when warm, was eaten on a 
Sunday for dinner and cold for supper without ill-effects : but 
when eaten cold next day it produced such bad results that two 
persons died after an illness lasting only thirty hours. 

The Middlesborough scare in 1888 remains as a striking example 

152 



PTOMAINE AND FOOD-POISONING 153 

of a widespread outbreak, since five hundred persons were attacked 
and many died as a result of pleuro- pneumonia. Dr. Ballard's 
conclusion was that American bacon had been the source of the 
mischief, rats fed on the bacon developing similar symptoms to 
those noted in the consumers. 

When pork or veal (both rich in gelatine) have been eaten raw or 
imperfectly cooked, and if the meat has been derived from an 
animal that has been sick or dying of pyaemia, septicaemia, or 
pneumo-enteritis, the consequences to the consumer may be very 
serious. The tendency to relapses in this form of poisoning by 
specifically contaminated meat is characteristic. The patient may 
appear to be progressing favourably, when a return of the symptoms 
manifests itself. Second relapses have been known to occur. The 
reason assigned for this peculiar feature of the attack is that toxins 
are effectually dealt with by the antitoxins produced in the system, 
but during the interval of temporary convalescence spore-bearing 
organisms give rise to a renewed crop of toxin-forming bacteria. 

Poisoning by pork sausages has been recorded on several occasions. 
It has elsewhere been pointed out that sausage-making premises 
must be carefully examined, not only for the detection of structural 
defects, but also to ensure that nothing but the best materials are 
used for making the sausages. 

Sausages made from the liver of a healthy pig were smoked 
for a few days and suspended to dry. On the eighth day they were 
eaten by all the members of a family save one, a girl, who disliked 
the pecuhar taste of the sausages. She alone escaped attack from 
the following symptoms : abdominal pain, vomiting, dizziness, 
parched mouth and throat, and difficulty in swallowing ; pupils 
became dilated, and loss of sight followed ; pulse grew weak and 
rapid, accompanied by oppressed respiration, and finally death. 

In another case illness was traced to the consumption of horse- 
flesh made into sausages, the liver of the horse being the principal 
ingredient used. Soon after the sausages were eaten by several 
persons they developed headache, abdominal pain, diarrhoea, trem- 
bling, and great thirst. An organism bearing a resemblance to 
Gaertner's Bacillus enteritidis was isolated, this organism being 
commonly found in such cases. 

As in the case of pork and veal, the consumption of beef taken 



154 MEAT AND FOOD INSPECTION 

from animals that have shown evidences of disease of a septicaemic 
origin is very hable to produce manifestations of toxic poisoning. 
The flesh of animals dying from any of the following diseases is 
liable to give rise to food-poisoning — viz., septic metritis, intestinal 
disorders, hsemorrhagic enteritis in calves, pysemia of the calf due to 
infection through an improperly tended umbilical cord, and pysemic 
abscesses in cows or calves. 

In Saxony 137 persons were seized with diarrhoea, pain, and 1 
other symptoms of gastro-intestinal involvement. They had I 
eaten mince made from the flesh of a cow that had suffered 
from putrid abscess in the udder. The animal, appearing to be very ' 
ill, was slaughtered and its flesh sold next day. As indicating its i 
virulence, it was stated that the butcher and his assistant who 1 
sold the meat tasted some from the point of a knife, and were ill I 
for three days. Most of the victims of the poisoning had eaten the : 
meat in its raw state. 

In the British Medical Journal, November 11, 1899, Dr. Parker • 
describes an outbreak in Sheffield due to the eating of canned \ 
beef. The only peculiarities noticed when the tin was opened ! 
were that the beef was not so firm as usual, and that the jelly 
had an oily appearance. There was no disagreeable odour, and i 
only one customer detected a bad taste. Twenty-four persons 
ate the meat, and all were affected in different degrees by the 
following train of symptoms : Soon after eating the meat, faint- 
ness, giddiness, and drowsiness, with weakness in the legs, ensued. 
This was followed by uncontrollable vomiting, intense frontal 
headache, purging, and severe colic. The skin was pale, the ,| 
knees drawn up, and the patient bathed in perspiration, with ■' 
lividity round the eyes. The pupils were widely dilated, pulse 
feeble, respirations shallow, and temperature subnormal. After 
the stomach was washed out in one case the vomiting and 
purging ceased, only to return again after the lapse of an hour. 
Again the stomach was washed out, with permanent good effects. 
Next day the patient was well, save for a frontal headache. 
Only one patient died, and in him the foregoing symptoms were , 
very severe. Most of the victims were convalescent at the end of i 
forty-eight hours. The Gaertner bacillus was isolated from the J 
meat in the tin. ; 



PTOMAINE AND FOOD-POISONING 155 

Veal pies, imperfectly cooked, gave rise to an outbreak {Public 
Health, January, 1899) of poisoning. An apparently healthy calf 
had been killed, its forequarters and breast being sold to a baker, 
who used the meat for pie-making. No other parts of the animal, 
also used for pie-making, caused poisoning. The only conclusion 
that could be arrived at was that contamination had taken place 
after the veal left the butcher. Those who ate pies that were a 
day or more old suffered most severely, thus favouring the view 
that proliferation of mirco- organisms in the pies had taken place. 
Here again« Gaertner's bacillus was isolated. 

On the Continent raw herrings are a favourite article of diet, and 
from the eating of such fish which showed commencing putrefaction 
a family was poisoned. The outstanding feature in this instance was 
the protracted duration of the illness, which, in one case, began in 
March and continued till November, heart sjnnptoms being chiefly 
noted. 

Tinned salmon not infrequently gives rise to severe illness. 



. CHAPTER XV ;' 

RETAIL SHOPS AND FARM PRODUCE 

Butchers' shops — Poultry and game — Fried-fish shops — Sausage-making — Tinned '^ 

foods — Blown tins — Preservatives — Butter — Cheese — Margarine — Eggs. 1 

I 

Butchers' Shops. — The official has seldom cause to complain of :; 
the manner in which these shops are maintained. The butcher is : 
intelligent enough to appreciate the necessity for preserving walls, i 
floors, and benches in as pure a state as possible. Failure to keep : 
his premises clean would tell against him, because putrefactive :: 
bacteria would very quickly make their presence felt in meat i| 
exposed for sale. In the poorer localities, however, one may en- ; 
counter shops kept in a slovenly state, with waste portions of ■' 
meat, fat, and bones cast into corners. All bones and waste [ 
tissues ought to be stored in receptacles that are impervious to 
moisture, and therefore easily cleansed. Reference has elsewhere 
been made to the manner in which tripes should be kept in antici- . 
pation of sale. 

Butchers usually scatter sawdust over the floors of their shops : 
in order to absorb any spillings of blood and fat, the sawdust i 
being swept away and renewed daily. Greasy floors should be . 
washed with hot soda solution. All wooden chopping-tables ; 
should, after scraping, be similarly treated. 

Poultry and Game. — It is seldom that fowls are seized by an (, 
inspector, though now and again animals that have, previously to 
being killed, suffered from diarrhoea (scour), or such other diseases ' 
as tuberculosis (roup) and gapes (a condition caused by worms : 
located in the windpipe), rapidly deteriorate. Poulterers fre- | 
quently crush in the sternum in order to impart to aged fowls 

156 



RETAIL SHOPS AND FARM PRODUCE 157 

a feeling of tenderness. Fowls kept too long have an offensive 
odour, and sliow loose, easily detached skin, which becomes green 
over the abdomen and crop. 

The taste for game that is ' high ' is an acquired one. Large con- 
signments of ptarmigan, that are presumably a delicacy to the 
epicure, are liable to be seized on account of their advanced state of 
decomposition. 

Rabbits and hares that have been kept for a long time frequently 
demand seizure. 

Fried-fish shops concern the official in more ways than one, 
since not only, as has been shown, may inferior fish be used, but 
serious nuisance may be, and frequently is, complained of by 
those living in proximity to such premises. Fried-fish shops are 
seldom open during the daytime for business purposes. It is at 
night that business is done. The official will accordingly find it 
advisable to pay surprise visits when operations are in full swing 
or about to commence. The floors must be kept clean either by 
protecting them with a liberal covering of clean sawdust or by 
frequent washing with warm soda solution. Should the shop, as 
it often is, be subdivided into compartments, these must be ex- 
amined for evidences of slovenly methods of cleanliness. The fish, 
before and after preparation, should be critically examined, as 
well as the receptacles in which they are kept. Monday evening 
should be selected as a time for inspection, since fresh fish are not 
plentiful in the market in quantities on that day, the majority of 
trawling-vessels being in harbour over Sunday. Fish used on 
Monday are not infrequently those that have been kept since the 
previous Saturday. That such fish urgently call for seizure has 
' more than once been proved to the author. If the fat in which the 
' fish are cooked be rancid, or if some cheap substance, such as oil of 
sesame or cotton-seed oil, be used, offensive smells may be expected. 
A hot plate is usually employed on which to boil the fat. When 
■ the fish are removed from the cooking- vessel, fat is frequently spilled 
; on the hot plate, and the resulting fumes of pungent smoke rapidly 
: fill the interior of the premises. Should the ventilation be unsatis- 
I factory, as it often is, the atmospheric pollution becomes very 
' objectionable. A large metal hood placed immediately over the 
hot plate, but clear of the cook's head, will greatly aid in preventing 



158 MEAT AND FOOD INSPECTION 

nuisance in the room by carrying away all traces of burning or 
boiling fat. The hood, it should be observed, must have its outlet 
connected to a suitable flue or shaft. The burning of a gas-jet in 
the outlet of the hood is recommended to accelerate the suction of ) 
effluvium and smoke upwards. 

If fish-frying were listed as an offensive trade, the control of 
the premises in which it was carried on would be much more- 
effective and satisfactory. It is questionable, however, whether; 
nuisance could be altogether avoided. Chief concern must bo 
directed towards ensuring the adoption by the trader in fried fish 
of every practicable means to obviate the occurrence of nuisance. 

Sausag'e-making'. — Strict supervision of sausage-making pre- 
mises is necessary. Sausages sold by firms of repute are usually 
manufactured from good meat chopped finely by specially devised 
machinery. Pork and beef sausages are favourite articles of diet. 
They are easily cooked, but are no more nutritious than ordinary 
meat. Finely-minced bread or meal is mixed with the meat, andi 
when salt, pepper, and flavouring agents, such as spices or herbs,;! 
have been added, special machines are utilized to stuff the mass into!: 
casings of intestines. Intestines in large quantities packed in salt ; 
are imported to this country for sausage-making. It is obviously 1': 
necessary to inspect such intestines in order to be assured of their ' 
freshness and cleanliness. Gut-cleaning is a most offensive process, ; 
calling for careful control, and those who clean guts are not always,] 
very careful in their methods. ' 

Odd bits of meat, and scrapings from bones, are very commonly . 
utilized for filling sausages. Such meat may be unwholesome. ] 
Amongst butchers very emaciated carcasses of cattle are known as.j 
' mincers,' their meat not being saleable in bulk, but suitable for ; 
chopping up into mince, as such, or for sausage-filling. ; 

Cheap sausages should be looked upon with suspicion, since those 
made of good meat cannot be profitably sold at very low rates. 
Sausages made of horse-flesh may be, and probably are, imported 
into this country. The advantage of horse-flesh for sausage-making 
is that it provides a firm filling, and it is inexpensve. The objec- 
tion to horse-meat as a food is sentimental. Any danger to he< 
apprehended from horse-meat sausages lies in the fact that the; 
flesh may have been taken from a diseased animal. In France and! 



RETAIL SHOPS AND FARM PRODUCE 159 

Germany, and to a certain extent also in America, the numbers of 
shops for the sale of horse-flesh are increasing. 

If sausages made of horse-flesh are steeped in hot water, the 
characteristic sickly odour will be detected. A more accurate test 
is the following : About 200 grammes of meat are boiled in 200 c.c. 
of water for an hour. After cooling, 10 c.c. of strong nitric acid 
are added. Filtration through paper then follows. Some of the 
filtrate is then tested with freshly-prepared iodine solution, taking 
care that the liquids do not mix. If horse-meat be present, a 
reddish-violet zone will appear at the junction of the two fluids. 
The reaction depends upon the presence of glycogen in horse-flesh. 
Since glycogen is also to be found in liver substance, meat-extracts 
and young veal, the test is unreliable. Dextrine from starchy 
substances added to sausages also gives the glycogen iodine re- 
action. In order to avoid the possibility of error, it has been found 
necessary to add acetic acid during the boiling process, and to 
employ a 10 per cent, solution of iodine with potassium iodide. 

Tinned Foods. — The well-known Chicago meat scandals gave 
tinned foods a strong set-back in popular favour. 

That these foods were not always carefully prepared was demon- 
strated by the production at the Leith Public Health Offices of 
a tin of mince-coUops which, when opened, contained a substantial 
piece of rag, evidently used to protect a packer's finger. Doubtless 
exaggerated accounts were circulated regarding the unsatisfactory 
methods employed in connexion with meat-packing establishments. 
The interest and attention aroused by the ' scandals ' have prompted 
more effective legislation towards the control of the huge American 
establishments in whicji meat is collected and prepared for tinning. 
But attention must not be confined to America alone. Supervision 
of meat-preparing factories in this country is also necessary. 

The quality of the meat used, as well as the construction and 
sanitation of the work-places, call for strict supervision. The 
obstacle to efficient control is that one cannot with certainty detect 
diseased conditions in tinned meat. That being so, it is necessary 
that all possible chance of trafficking in diseased or inferior food- 
stuffs be guarded against. Apart from the risks attached to the 
consumption of tinned meat derived from unhealthy animals, there 
remains the danger of poisoning by ptomaines. When meat is sold 



i6o MEAT AND FOOD INSPECTION 

in tins, suspicion must at once be aroused if the receptacle shows 
bulging at one or both ends. Bulging indicates the existence of 
decomposition, with gas formation. When presenting this appear- 
ance, tins are said to be ' blown.' If the tin be punctured, there 
will be an immediate escape of gas. One will observe a spot of 
solder on one or other end of all tins containing meat, fish, etc. 
This drop of solder is placed over a small aperture through 
which steam has escaped during the preparation of the food 
after being put in tins. As soon as the tins with their contents 
have been removed from the heating-tank, solder is used to block 
up the opening referred to. With the gradual cooling of the tin- 
contents, a vacuum is formed inside the tin, this vacuum showing 
itself by the concavity at the top and bottom ends. 

If the tin should be ' blown,' the retailer may permit the escape 
of any generated gas by perforating the tin, and, after reheating, 
closing the new opening made. Any evidence of a second soldering 
should be viewed with suspicion. The liquefaction of the jelly 
inside the tin is another suspicious feature, especially if, in addition, i 
the meat possesses a disagreeable odour. 

The various substances used for the preservation of milk — boric ! 
acid, etc. — may also be found among tinned foods. Their presence ■> 
must be held to be a contravention of the Food and Drugs Acts, and < 
the tinned foods confiscated. • 

The farm produce with which the food inspector has to deal ; 
consists, apart from living animals, of milk, butter, cheese, and 
eggs. 

Large quantities of butter are now imported from the Continent, 
and may be found to be adulterated with animal fat, excess of , 
water, salt, and preservatives. 

ButteP is made by churning milk vigorously in order to break up ; 
the fat globules and bring about their coalescence. The colour 
of butter so prepared varies from white to yellow. When cows 
are fed on hay and turnips the butter is white ; grass-fed cows, as i 
well as those supplied with oil-cake, yield butter of a bright yellow 
colour. This colour is preferred by the purchaser as a rule, and in ^ 
order to meet the demand, annatto and other dyes are added. The ; 
dyes generally used are harmless, and of vegetable origin. Like ' 
milk, butter is readily absorbent. This knowledge is made use of 



RETAIL SHOPS AND FARM PRODUCE i6i 

to improve the flavour of butter by leaving it in close proximity 
to flowering plants giving off fragrant odours. 

Salt is added to butter to improve its flavour and to aid its keeping 
qualities. An excess of salt — over 8 per cent. — may be added to 
increase the weight of butter. An amount of water exceeding i6 per 
cent, is now held to constitute adulteration. The commonest fraud 
is the mixture of butter with animal or other fats, or the admixture 
of foreign fat with milk, in order to imitate the taste and appearance 
of genuine butter. In order to encourage the retention of an excess 
of water fh butter, gelatin or glucose may be added, the latter acting 
as a preservative. Innumerable names have been employed to 
advertise butter substitutes, most of which consist of foreign fats. 

Margarine is made from animal fat, usually taken from the 
omentum and mesentery of cattle. A large part of the food in- 
spector's time is spent in taking samples in order to detect the sub- 
stitution of margarine for butter. Also, he is expected to be on the 
look-out for margarine sold contrary to the provisions of the Mar- 
garine Act. 

Cheese is principally made from cow's milk, though that 
of ewes and goats is also used. The milk may be whole or 
skimmed, or cream may be added to it. American cheeses are 
usually made from whole milk, as also are English Cheddars and 
Cheshires. Stilton is made from a mixture of milk and cream. 
Cream cheese consists of a rich curd which has not been put through 
the ripening process necessary in cheese-making. Adulteration 
of cheese is effected by the substitution of lard for the proper 
kind of fat, lard and skimmed milk being used. Bean meal and 
potatoes have been also used as adulterants. The use of preserva- 
tives in cheese may also be expected, especially in skimmed milk 
cheeses. The use of vegetable colouring matters does not consti- 
tute injurious adulteration. Tyrotoxicon (ptomaine) poisoning has 
been traced to the eating of unwholesome cheese. This form of 
poisoning has also been associated with the consumption of milk 
and ice-cream. 

Eggs are imported in large quantities, the trade between 
Russia and this country being very extensive. Denmark and 
Holland also furnish big consignments. Eggs that have been 
delayed in transit or kept for unduly long periods, as well as 

II 



i62 MEAT AND FOOD INSPECTION 

those that have been broken before being placed in preservative 
fluids or other coverings, may demand seizure and condemnation. 
Old eggs when held up to the light are translucent at their ends, 
fresh eggs at their centres. A test solution commonly employed is 
made by dissolving 2 ounces of salt in i pint of water. In this, bad 
or inferior eggs float ; good eggs, on the other hand, sink. 



CHAPTER XVI 

PROSECUTIONS 

Various Examples 

A PERUSAL of the following condensed cases bearing upon foods will 
enable the student to appreciate how fraud is punished, as well as 
the manner in which food-stuffs are occasionally tampered with or 
sold to the prejudice of the purchaser. 

Condensed Milk. — This was an appeal case in the King's Bench, 
Dublin, in May, igo6, before Chief Justice Baron, Mr. Justice John- 
son, and Mr. Justice Boyd. An inspector under the Food and Drugs 
Acts asked for a tin of condensed milk, but was, without explana- 
tion by the vendor, given a tin of ' condensed machine-skimmed 
milk.' On analysis, the latter was found to contain only 1*4 per 
cent, of fat, in place of g per cent, expected in ordinary condensed 
milk. Proceedings were taken against the vendor, who was fined. 
An appeal was made on the ground that, though not informed of 
the fact, the inspector could, by reading the label on the tin, have 
satisfied himself that he was purchasing ' condensed machine - 
skimmed milk,' and that the sale was not to the prejudice of the 
purchaser. The appeal court upheld the decision already given 
on the ground that the article supplied was not that known as 
' condensed milk.' 

Butter (Dutch Butter). — A butter merchant was summoned at 
the Mansion House Police Court for importing butter which was 
adulterated with 18 per cent, of foreign fat. For the defence it 
was urged that the merchant had safe-guarded himself by being 
armed with a warranty to the effect that the article sold was pure 
creamery butter. Sir Alfred Newton fined the accused, and told 

163 II — 2 



i64 MEAT AND FOOD INSPECTION 

him that such a warranty provided a false sense of security, and 
that goods sent must be ascertained to be of the quahty described 
when sold to the public. 

Butter. — An analogous case was tried at Mistley Petty Sessions 
at the instigation of an officer of H.M. Customs. The merchant 
was fined for selling Dutch produce containing foreign fat. 

Butter containing* 60 Grains of Boric Acid per Pound.— A 
provision merchant sold such butter from a box branded ' Fresh 
Butter, French Produce. Guaranteed Pure.' He was fined, and 
informed that if he sold such stuff, he alone must accept respon- 
sibility. 

Butter. — A merchant who had been previously convicted was 
fined £50 and costs at West London Police Court for having sold 
pure margarine as butter. The defence set up was that a careless 
shop-assistant was to blame. 

Spinach.— At the Marlborough Police Court a vegetable meat 
company was summoned for selling spinach containing 2*68 grains 
of copper sulphate to the pound of spinach. For the defence it 
was held that the copper was added to maintain the bright colour 
of the vegetable. It was, however, pointed out that a Parlia- 
mentary Commission , had, after due consideration, recommended 
that no sulphate of copper should be added to preserve vegetables. 
The company, having been previously fined for the addition of 
copper to peas, was punished for the spinach adulteration. 

Coffee. — A firm was fined at Aston Police Court for selHng 
coffee containing 70 per cent, of chicory when coffee was asked for 
by the sampling official. 

Cocoa. — A grocer was fined at Westminster Police Court for 
selling cocoa which contained 25 per cent, of starch and 35 per cent, 
of sugar. A careless assistant was blamed, in extenuation, by the 
defence, but in vain, as the master was held to be responsible for 
the acts of his servants. 

Meat. — A butcher was fined for exposing diseased meat which 
was intended for human food. The meat seized consisted of four 
quarters of beef, eight pieces of ribs of beef, and the carcasses of 
two sheep. For the prosecution it was held that the meat was 
discoloured, slimy, and stinking, its colour being green. The meat 
had originally been frozen. 



PROSECUTIONS 165 

Milk of Newly-calved Cows. — The Board of Agriculture, asked 
to give its opinion on the point, has declared that selling the milk 
of newly-calved cows constitutes an offence under Section 6 of the 
Sale of Food and Drugs Act, 1875 — that is, it is not of the ' nature, 
substance, and quality of the article demanded.' 

Glucose in Jam. — It was held by Sheriff Mackenzie in Glasgow 
that the presence of glucose in jam did not constitute an offence, 
there being no standard for jam, and glucose was not a deleterious 
substance. 

Polluted Oysters. — A larg^ quantity of these was seized at 
a railway-station. Samples were submitted to Dr. Klein, who 
reported that the oysters were unsound, unwholesome, and unfit 
for human consumption, because they had been contaminated by 
sewage. 

Cream containing Boric Acid. — At Kingston a merchant was 
tried for selling cream which contained O'li per cent, of boric acid. 
There was no label on the jar in which the cream was sold. The 
summons was dismissed on payment of costs, but the merchant 
was advised in future to sell jar cream labelled to indicate the 
addition of a preservative. 

Tinned Foods. — Sulphites were found by the Borough Analyst 
of Paddington in chicken and veal pate tins from Chicago. Apricots 
and tomatoes in tins from California and Bordeaux also contained 
sulphites. A fine was imposed. 

A fine was inflicted at Brentford upon a firm for having sold 
several tins of potted chicken and tongue, chicken and ham, and 
ham. It was maintained and held that where sterilization was 
satisfactory there was no need to add preservatives. 

Sardines. — A grocer was fined at Thames Police Court for 
having exposed for sale three tins of sardines which were ' blown ' 
and their contents unfit for human food. 

Shrimps.— Dutch shrimps are imported to this country in 
bottles. A firm was convicted for selling such shrimps, which had 
large quantities of boric acid added to them as preservatives. It 
is the usual practice to add no more than 35 grains of boric acid to 
the pound of shrimps. 



THE LAWS RELATING TO 
FOOD INSPECTION 

WITH FOOTNOTES BY 

R. H. MILLER, Esq., S.S.C, 

PUBLIC PROSECUTOR FOR LEITH LOCAL AUTHORITY 



PUBLIC HEALTH (LONDON) ACT, 1891 

SECTION 17. 

(i) A person shall not — 

{a) Feed or keep any swine in any locality, premises/ or place 
which is unfit for the keeping of swine, or in which the 
feeding or keeping of swine may create a nuisance^ or be 
injurious to health ; or 

(6) Permit any swine to stray or go about in any street^ or 
public place.* 

(2) If any person acts in contravention of this section, he shall be 
liable to a fine not exceeding forty shillings, and to forfeit the swine, 
and to a further fine not exceeding ten shillings for every day 

^ For definition of ' premises,' see Section 141. 

2 As to the meaning of the word ' nuisance,' see Great Western Railway 
Company v. Bishop, L.R., 7 Q.B., 550, where it was held, as to the corre- 
sponding words in 18 and 19 Vict., c. 121, s. 8, that, the Act being a sanitary- 
one, ' nuisance ' apphed only to such nuisances as were injurious to health, 
and did not include a nuisance caused by rain-water dropping from a railway- 
bridge on to a public footpath below. See also The Malton Board of Health v. 
Malton Manure Company, 4 Ex.D., 320, where it was held that an effluvium 
which caused sick persons to become worse amounted to a nuisance within 
the meaning of the section then under consideration, although it was not 
proved to be injurious to healthy persons ; and in the Banbury U.S.A. v. 
Page, 8 Q.B.D., 97, the term ' nuisance ' was held to include matters sub- 
stantially offensive to the senses. See also The Bishop Auckland L.B. v. 
The Bishop Auckland Iron Company, 10 Q.B.D., 138, where it was decided 
(under Section 91 (4) of 38 and 39 Vict., c. 55) that the words ' nuisance or 
injurious to health ' do not mean ' nuisance injurious to health,' but a nuisance 
either interfering with personal comfort or injurious to health. In that case, 
certain heaps of burning cinders and ashes were proved to have caused offen- 
sive smells interfering with personal comfort, though not causing injury to 
health. 

^ For definition of ' street,' see Section 141. 

* As to the meaning of the words ' public place,' see the following cases : 
Case V. Storey, L.R., 4 Ex., 319 ; Skinner v. Usher, L.R., 7 Q.B., 423 ; Curtis v. 
Embery, L.R., 7 Ex., 369 ; Ex parte Freestone, 25 L.J.M.C., 121 ; Langlish v. 
Archer, 10 Q.B.D., 44 ; R. v. Thallman, L.& C, 326 ; R. v. Wellard, 14 Q.B.D., 
63. From a perusal of these cases, it appears that the term ' public place ' 
must be interpreted with reference to the nature of the offences in connexion 
with which it is used. 

169 



I70 MEAT AND FOOD INSPECTION 

during which he continues such offence after notice from the 
sanitary authority to discontinue the same, 

(3) Any swine found straying or going about in any street or 
pubhc place may be seized and removed by any constable. 

(4) Any premises within forty yards of any street or public place^ 
shall be deemed for the purposes of this section to be a place unfit 
for keeping swine. 

SECTION 18. 

Where it is proved to the satisfaction of a petty sessional court^ 
that any locality, premises, or place are or is unfit for the keeping 
of any animal, the court may, by summary order, prohibit the using 
thereof for that purpose for the future. 



SECTION 20. 

(i) A person^ carrying on the business of a slaughterer of cattle : 
or horses,* knacker, or dairyman,^ shall not use any premises in i 
London (outside the City of London) as a slaughter-house, or ■ 
knacker's yard, or a cow-house or place for the keeping of cows, . 
without a licence from the county council, and if he does he shall I 
for each offence be liable to a fine not exceeding five pounds, and (^ 
the fact that cattle have been taken into unlicensed premises shall I 
be prima facie evidence that an offence under this section has been ;; 
committed. I 

(2) A licence under this section shall expire on such day in : 
every year as the county council fix, and when a licence is first ! 
granted shall expire on the day so fixed which secondly occurs >! 
after the grant of the licence, and a fee not exceeding five shillings, ^ 
to be carried to the county fund, may be charged for the licence. 

(3) Not less than fourteen days before a licence for any premises | 
is granted or renewed Under this section notice^ of the intention to ij 
apply for it shall be served on the sanitary authority of the district j 
in which the premises are situate, and that sanitary authority, if j 
they think fit, may show cause against the grant or renewal of the | 
licence. ] 

I 
^ See Interpretation Act, 1889, 52 and 53 Vict., c. 63, s. 34. 
2 See Interpretation Act, 1889, 52 and 53 Vict., c. 63, s. 13. ' 

2 ' Person ' includes persons or bodies of persons, whether corporate or 
unincorporate (52 and 53 Vict., c. 63, ss. i, 2, 19). < 

* See Section 141 for definition. 

s See Section 141. A farmer who kept cows for his own use, and supplied 

two dairymen with a few quarts of milk, is not a ' trader or cowkeeper ' within i 

s. 34 of 41 and 42 Vict., c. 74 (reproduced in this section) [Southend v. Lewis, j 

45 J.P., 206). I 

^ As to the service of notices, see Sections 127, 128. j 



PUBLIC HEALTH (LONDON) ACT, 1891 171 

(4) An objection shall not be entertained to the renewal of a. 
licence under this section, unless seven days' previous notice of 
the objection has been served on the applicant, save that, on an 
objection being made of which notice has not been given, the county- 
council may, if they think it just so to do, direct notice thereof to 
be served on the applicant, and adjourn the question of the renewal 
to a future day, and require the attendance of the applicant on that 
day, and then hear the case, and consider the objection, as if the 
said notice had been duly given. 

(5) Where a committee of the county council determine to refuse, 
or to recommend the council to refuse, the renewal of any licence 
under thiy section, the county council shall, on written application 
made within seven days after such determination is made known 
to the applicant, hear the applicant against any such refusal. 

(6) For the purposes of this section a licence shall be deemed to 
be renewed where a further licence is granted in immediate succes- 
sion to a prior licence for the same premises. 

(7) The sanitary authority shall have a right to enter^ any 
slaughter-house or knacker's ysnd at any hour by day or at any 
hour when business is in progress or is usually carried on therein, 
for the purpose of examining whether there is any contravention 
therein of this Act or of any by-law made thereunder. 

(8) Nothing in this section shall extend to slaughter-houses 
erected before or after the commencement of this Act in the Metro- 
politan Cattle Market under the authority of the Metropolitan 
Market Act, 1851, or the Metropohtan Market Act, 1857. 



SECTION 28. 

(i) The Local Government Board may make such general or 
special orders as they think fit for the following purposes, or any 
of them — that is to say — 

(a) For the registration with the county council of all persons 

carrying on the trade of dairymen ; 
(&) For the inspection of cattle in dairies, and for prescribing 
and regulating the lighting, ventilation, cleansing, 
drainage, and water-supply of dairies in the occupation 
of persons carrying on the trade of dairymen ; 

(c) For securing the cleanliness of milk vessels used for contain- 

ing milk for sale by such persons ; 

[d) For prescribing precautions to be taken for protecting milk 

against infection or contamination ; 
{e) For authorizing the county council to make by-laws for 
the purposes aforesaid, or any of them. 
^ See Section 115. 



172 MEAT AND FOOD INSPECTION 

(2) The county council, for the purpose of enforcing the said 
orders and any by-laws made thereunder, shall have the same right 
to be admitted to any premises as a sanitary authority have under 
this Act for the purpose of examining as to the existence of a 
nuisance liable to be dealt with summarily, and the provisions of 
this Act shall apply accordingly as if they were herein re-enacted 
and in terms made applicable to this section, and in particular with 
the substitution of the county council for the sanitary authority. 

(3) The Local Government Board may by any such order impose 
the l,ike fines for offences against orders made under this section as 
may be imposed for offences against the by-laws of a sanitary 
authority under this Act. 

(4) In the application of this section to the City of London the 
mayor, commonalty, and citizens of the city acting by the council 
shall be substituted for the county council, and their expenses in 
the execution of this section shall be paid out of the consolidated 
rate, 

SECTION 36. 

(i) The sanitary authority, if they think fit, may employ a 
sufficient number of scavengers, or contract with any scavengers, 
whether a company or individuals, for collecting and removing the 
manure and other refuse-matter from any stables and cow-houses 
within their district, the occupiers of which signify their consent 
in writing to such removal ; provided that — 

(a) Such consent shall not be withdrawn or revoked without 
one month's previous notice to the sanitary authority ; 
and 
{b) No person shall be hereby relieved from any fine to which 
he may be subject for placing dung or manure upon any 
footways or carriageways, or for having any accumula- 
tion or deposit of manure or other refuse-matter so as 
to be a nuisance or injurious or dangerous to health.^ 

(2) Notice may be given by a sanitary authority (by pubfic 
announcement in the district or otherwise) requiring the periodical 
removal of manure or other refuse-matter from stables, cow- 
houses, or other premises ; and, where any such notice has been 
given, if any person to whom the manure or other refuse-matter 
belongs fails to comply with the notice, he shall be liable without 
further notice to a fine not exceeding twenty shillings for each day 
during which such non-compliance continues. 

^ As to what may be held to be nuisances, see Margate Pier and Harbour 
Company v. Margate L.B., 20 L.T., 564 (accumulations of seaweed) ; Draper 
V. Speering, 30 L.J.M.C., 225 (sheep droppings at a market) ; Mayor of Scar- 
borough V. R.S.A. of Scarborough, i Ex.D., 349 (ashes and refuse left in a field). 



PUBLIC HEALTH (LONDON) ACT, 1891 173 



SECTION 47. 

(i) Any medical officer of health or sanitary inspector may at 
all reasonable times^ enter any premises and inspect and examine — 

(a) Any animaP intended for the food^ of man which is exposed* 

for sale, or deposited in any place for the purpose of 
sale, or of preparation for sale ; and 

(b) any article, whether solid or liquid, intended for the food 

of man, and sold or exposed for sale, or deposited in 
any place for the purpose of sale or of preparation for 
•sale ; 

the proof that the same was not exposed or deposited for any such 
purpose, or was not intended for the food of man, resting with the 
person charged ; and if any such animal or article appears to such 
medical officer or inspector to be diseased, or unsound, or unwhole- 
some, or unfit for the food of man, he may seize and carry away the 
same himself or by an assistant, in order to have the same dealt 
with by a justice. 

(2) If it appears to a justice that any animal or article which has 
been seized or is liable to be seized under this section is diseased, 
or unsound, or unwholesome, or unfit for the food of man, he shall 
condemn the same, and order it to be destroyed, or so disposed of 
as to prevent it from being exposed for sale or used for the food of 
man ; and the person to whom the same belongs, or did belong at 
the time of sale or exposure for sale, or deposit for the purpose of 
sale or of preparation for sale, or in whose possession or on whose 
premises the same was found, shall be liable, on summary con- 
viction, to a fine not exceeding fifty pounds for every animal or 
article, or if the article consists of fruit, vegetables, corn, bread, or 
flour, for every parcel thereof so condemned, or, at the discretion 

^ See Section 115. If circumstances justify it, entry may be made on a 
Sunday [Small v. Bickley, 32 L.T., 726). 

2 Live animals are within the similar words of Sections 116, 117 of the 
Pubhc Health Act [Moody v. Leach, 44 J. P., 459). It was also held in that case 
that the mere fact of an animal being found on licensed premises adjoining a 
slaughter-house was not conclusive evidence of its being intended to be used 
as human food. 

^ It is a nuisance at common law to expose for sale food which is unfit for 
human consumption [Shilleto v. Thompson, i Q.B.D., 12 ; R. v. Stevenson 
3 F. & F., 106). 

* A. was summoned for unlawfully exposing for sale food which was unsound. 
At the time of such exposure A. was out of the town where his shop was. 
The summons was dismissed, and a certificate of dismissal granted. Upon 
the same facts a new summons was taken out, but charging A. with having on 
his premises unsound meat exposed for sale. He was convicted, and the con- 
viction, on appeal, was quashed, when it was held that, as a conviction could 
have been made on the first summons, a conviction on the second was bad 
[R. V. Blound, 43 J. P., 383). 



174 MEAT AND FOOD INSPECTION 

of the court, without the infliction of a fine, to imprisonment for a 
term of not more than six months, with or without hard labour. 

(3) Where it is shown that any article liable to be seized under 
this section, and found in the possession of any person, was pur- 
chased by him from another person for the food of man, and when 
so purchased was in such a condition as to be liable to be seized 
and condemned under this section, the person who so sold the 
same shall be liable to the fine and imprisonment above mentioned, 
unless he proves that at the time he sold the said article he did not 
know, and had no reason to believe, that it was in such condition. 

(4) Where a person convicted of an offence under this section has 
been within twelve months previously convicted of an oflence 
under this section, the court may, if it thinks fit, and finds that he 
knowingly and wilfully committed both such offences, order that 
a notice of the facts be affixed, in such form and manner, and for 
such period not exceeding twenty-one days, as the court may order, 
to any premises occupied by that person, and that the person do 
pay the costs of such affixing ; and if any person obstructs the 
affixing of such notice, or removes, defaces, or conceals the notice 
while affixed during the said period, he shall for each offence be 
liable to a fine not exceeding five pounds. 

(5) If the occupier of a licensed slaughter-house is convicted of 
an offence under this section, the caurt convicting him may cancel 
the licence for such slaughter-house. 

(6) If any person obstructs an officer in the performance of his \ 
duty under any warrant for entry into any premises granted by a 
justice in pursuance of this Act for the purposes of this section, he 
shall, if the court is satisfied that he obstructed with intent to 
prevent the discovery of an offence against this section, or has 
within twelve months previously been convicted of such obstruc- 
tion, be liable to imprisonment for any term not exceeding one 
month in lieu of any fine authorized by this Act for such obstruction. 

(7) A justice may act in adjudicating on an offender under this 
section, whether he has or has not acted in ordering the animal or 
article to be destroyed or disposed of. 

(8) Where a person has in his possession any article which is 
unsound, or unwholesome, or unfit for the food of man, he may, by 
written notice to the sanitary authority, specifying such article, 
and containing a sufficient identification of it, request its removal, 
and the sanitary authority shall cause it to be removed as if it were 
trade refuse. 

SECTION 71. ■ 

(i) If the medical officer of health of any district has evidence [ 
that any person in the district is suffering from a dangerous infectious i 
disease attributable to milk supplied within the district from any ■■ 



PUBLIC HEALTH {LONDON) ACT, 1891 175 

dairy^ situate within or without the district, or that the consump- 
tion of milk from such dairy is hkely to cause any such infectious 
disease to any person residing in the district, such medical officer 
shall, if authorized by an order of a justice having jurisdiction in 
the place where the dairy is situate, have power to inspect the 
dairy, and if accompanied by a veterinary inspector or some other 
properly qualified veterinary surgeon, to inspect the animals therein ; 
and if, on such inspection, the medical officer of health is of opinion 
that any such infectious disease is caused from consumption of the 
milk supplied therefrom, he shall report thereon to the sanitary 
authority, and his report shall be accompanied by any report fur- 
nished to iTim by the said veterinary inspector or veterinary sur- 
geon, and the sanitary authority may thereupon serve on the 
dairyman notice^ to appear before them within such time, not 
less than twenty - four hours, as may be specified in the notice, 
to show cause why an order should not be made requiring him not 
to supply any milk therefrom within the district until the order has 
been withdrawn by the sanitary authority. 

(2) The sanitary authority, if in their opinion he fails to show 
such cause, may make the said order, and shall forthwith serve 
notice of the facts on the county council of the county in which the 
dairy is situate, and on the Local Government Board, and, if the 
dairy is situate within the district of another sanitary authority, on 
such authority. 

(3) The said order shall be forthwith withdrawn on the sanitary 
authority or their medical officer of health on their behalf being 
satisfied that the milk-supply has been changed, or that the cause 
of the infection has been removed. 

(4) If any person refuses to permit the medical officer of health, 
on the production of a justice's order under this section, to inspect 
any dairy, or if so accompanied as aforesaid, to inspect the animals 
kept there, or, after any such order has been made, supplies any milk 
within the district in contravention of the order, or sells it for con- 
sumption therein, he shall, on the information of the sanitary 
authority, be liable to a fine not exceeding five pounds, and, if the 
offence continues, to a further fine not exceeding forty shillings 
for every day during which the offence continues. 

(5) Provided that— 

(fl) Proceedings in respect of the offence shall be taken before 
a court having jurisdiction in the place where the dairy 
is situate ; and 

(&) A dairyman shall not be liable to an action for breach of con- 
tract if the breach be due to an order under this section. 

■"• For definition of the terms ' dairy ' and ' dairyman,' see Section 141. 
2 As to service of notices, see Section 128. 



176 MEAT AND FOOD INSPECTION 

(6) Proceedings may be taken under this section in respect of a 
dairy in the district of a local authority under the Public Health 
Acts, and the notice of the facts shall be served on the local authority 
as if they were a sanitary authority within the meaning of this 
Act. 

(7) Nothing in or done under this section shall interfere with 
the operation or effect of the Contagious Diseases (Animals) Acts, 
1878 to 1886, or this Act, or of any order, licence, or act of the Board 
of Agriculture or the Local Government Board thereunder, or of 
any order, by-law, regulation, licence, or act of a local authority 
made, granted, or done under any such order of the Board of Agri- i 
culture or the Local Government Board, or exempt any dairy, 
building, or thing, or any person from the provisions of any general 1 
Act relating to dairies, milk, or animals. 



THE INFECTIOUS 
DISEASE (NOTIFICATION) ACT, 1889: 

3. (i) Where an inmate of any building^ used for human habita- . 
tion within a district to which this Act extends is suffering from an 
infectious disease^ to which this Act applies, then, unless such 
building is a hospital in which persons suffering from an infectious 
disease are received, the following provisions shall have effect, that : 
is to say : 

(a) The head of the family to which such inmate (in this Act 

referred to as the patient) belongs, and in his default 
the nearest relatives of the patient present in the 
building or being in attendance on the patient, and 
in default of such relatives every person in charge of or-: 
in attendance on the patient, and in default of any such \ 
person the occupier^ of the building, shall, as soon as j 
he becomes aware that the patient is suffering from i 
an infectious disease to which this Act applies, send 
notice* thereof to the medical officer of health of the. 
district. j 

(b) Every medical practitioner attending on or called in toi 

visit the patient shall forthwith, on becoming aware i; 

^ The word 'building' includes ships, vessels, boats, tents, vans, sheds,' 
or similar structures. See Sections 13 and 15. 

2. For diseases to which the Act applies, see Section 16. 

3 For meaning of ' occupier,' see Section 16. [ 

* As to form of notices and manner of sending same, see Section 8. 1 



METROPOLIS LOCAL MANAGEMENT ACTS AMENDMENT 177 

that the patient is suffering from an infectious disease 
to which this Act apphes, send to the medical officer of 
health for the district a certificate^ stating the name of 
the patient, the situation of the building, and the 
infectious disease from which, in the opinion of such 
medical practitioner, the patient is suffering. 

(2) Every person required by this section to give a notice or 
certificate who fails to give the same shall be liable, on summary 
conviction in manner provided by the Summary Jurisdiction Acts, 
to a fine not exceeding forty shillings ; 

Provided that if a person is not required to give notice in the 
first instance, but only in default of some other person, he shall 
not be liable to any fine if he satisfies the court that he had reason- 
able cause to suppose that the notice had been duly given. 



METROPOLIS LOCAL MANAGEMENT ACTS 
AMENDMENT 

91. No person within any parish mentioned in Schedule A to 
the firstly recited Act, or in any district mentioned in Schedule B 
to the said Act, shall breed, feed, or keep any swine in any locality, 
premises, or place which may be unfit for the keeping of swine, or 
in which the breeding, feeding, or keeping of swine may create a 
nuisance, or be injurious to health ; and any person breeding, 
feeding, or keeping swine in or on any such locality, premises, or 
place shall be liable to a penalty not exceeding forty shillings, 
and to a further penalty not exceeding ten shillings for every day 
during which he shall continue such ofience after notice from the 
vestry or district board to discontinue the same, and any such 
penalty may be recovered by a summary proceeding ; and if in any 
proceeding under this enactment it shall be proved to the satis- 
faction of the justice or justices that any such locality, premises, 
or place are or is unfit for the keeping of swine, such justice or 
justices may prohibit the using thereof for that purpose for the 
future ; and any person disobeying the order of any justice or 
justices in this behalf shall be liable to a penalty of ten shillings 
for every day during such his default. 

92. The one hundred and thirty-first section of the firstly recited 
Act, and the thirty-fifth section of The Metropolitan Market Act, 

^ As to form of certificate, see Section 4 ; and as to how the certificate is 
sent, Section 8. 

12 



178 MEAT AND FOOD INSPECTION 

1857 (twentieth and twenty-first Victoria, chapter one hundred 
and thirty-five) (Local and Personal), are repealed ; but all licences 
granted in pursuance of the provisions in the said repealed sections 
contained shall continue in force for the space of one year next after 
the day of the granting of the same respectively, and all offences 
heretofore committed against the provisions of the said Acts, or 
either of them, in relation to slaughter-houses, shall be dealt with 
in every respect as if this Act had not been passed. 

93. From and after the first day of November, one thousand 
eight hundred and sixty-two, no place within any parish or place 
mentioned in the schedules to the firstly recited Act shall be used by 
any person carrying on the business of a slaughterer of cattle or 
cow-keeper or dairyman as a slaughter-house for the purpose of 
slaughtering cattle or a cow-house or place for the keeping of cows, 
without a licence had for such purpose respectively from the justices 
of the peace assembled at a special sessions held in the division or 
district where such slaughter-house, cow-house, or place is situate, 
and such licence shall continue in force for the period of one year 
from the granting thereof, and thenceforth until the special sessions 
to be held next after the expiration of such period, and no fee 
or reward exceeding five shillings shall be taken for any such 
licence ; and if any person carrying on such business of a 
slaughterer of cattle, cowkeeper, or dairyman use as a slaughter- 
house or cow-house any place within any parish or place mentioned 
in the schedules of the firstly recited Act which is not so licensed, 
every person so offending shall for each offence be liable to a penalty 
not exceeding five pounds, of which offence the fact that cattle have 
been taken into such place shall be deemed sufficient prima facie 
evidence : provided always, that before any licence for the use of 
any place as a slaughter-house or cow-house is granted as aforesaid, 
fourteen days' notice of the intention to apply for such licence 
shall be given to the vestry or district board of the parish or 
district in which any such place is situate, to the intent that such 
vestry or district board, if they think fit, may show cause against 
the granting of any such licence, and also seven days' notice previous 
to such special sessions being held of the intention to apply for such 
licence shall be given to the clerk of the justices for such division : 
provided that nothing in this Act contained shall extend to 
slaughter-houses erected or to be erected in the Metropolitan Cattle 
Market under the authority of the Metropolitan Market Act, 1851, 
or the Metropolitan Market Act, 1857. 

94. Before any licence for the keeping or using of any house or 
place within the Metropolitan police district as a licensed slaughter- 
ing-house or place for the purpose of slaughtering or killing horses 
or other cattle not killed for butcher's meat shall be granted by any 
quarter sessions of the peace under the provisions of the Act of 



METROPOLIS LOCAL MANAGEMENT ACTS AMENDMENT 179 

the session holden in the twenty-sixth year of the reign of His 
Majesty King George the Third, chapter seventy-one, or of the Act 
of the session holden in the seventh and eighth years of Her present 
Majesty, chapter eighty-seven, or any Act amending either of the 
said Acts, one month's previous notice of the intention to apply for 
such licence shall be given to the vestry or district board of the 
parish or district in which such house or place is situate, to the 
intent that such vestry or district board, if they think fit, may 
show cause against the grant of such licence. 

95. It shall be lawful for every vestry and district board, if they 
in their discretion think fit, to appoint and employ a sufficient 
number of persons, or to contract with any company or persons, for 
collecting and removing the manure and refuse straw from such 
stables and cow-houses within their parish or district, the occupiers 
of which may signify their consent in writing to such removal ; 
provided that such consent shall not be withdrawn or revoked 
without one month's previous notice to the vestry or district 
board, and that no person shall be hereby relieved from any penalty 
or penalties to which they may be subject for placing dung or 
manure upon the footways or carriageways of any parish or district, 
or for having any accumulation or deposit of manure so as to be a 
nuisance or injurious to health. 



12 — 2 



PUBLIC HEALTH ACT, 1875 

Unsound Meat, etc. 

116. Any medical officer of health or inspector of nuisances may 
at all reasonable times^ inspect and examine any animal,^ carcass, 
meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, 
flour, or milk exposed for sale, or deposited in any place^ for the 
purpose of sale, or of preparation for sale, and intended for the food 
of man, the proof that the same was not exposed or deposited for 
any such purpose, or was not intended for the food of man, resting 
with the party charged ; and if any such animal, carcass, meat, 
poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, or 
milk appears to such medical officer or inspector to be diseased, 
or unsound, or unwholesome, or unfit for the food of man, he may 
seize and carry away the same himself or by an assistant, in order 
to have the same dealt with by a justice.* 

117. If it appears to the justice that any animal, carcass, meat, 
poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, or 
milk so seized is diseased, or unsound, or unwholesome, or unfit for 
the food of man, he shall condemn the same, and order it to be 
destroyed or so disposed of as to prevent it from being exposed for 

^ Sunday may be a reasonable time, according to circumstances [Small v. 
Bickley, 32 L.T. (N.S.), 726 ; 39 J. P., 422). 

2 In Moody v. Leach, 44 J. P., 459, it was held that the word 'animal' 
included a live animal. 

3 The word ' place ' is used in a general sense ( Yovmg v. Gratridge, L.R., 4 Q.B., 
166 ; 38 L.J.M.C, 67 ; 33 J. P., 260). And in Daly v. Webb, 4 Ir.Rep. C.L., 
309, diseased meat placed upon a cart, when passing along the streets of the 
city of Dublin from a slaughter-house to a place for the manufacture of pre- 
served meats, was held to have been properly seized under a similar section 
in 26 and 27 Vict., c. 117, s. 2. 

* The medical officer or inspector must satisfy himself that the article in 
question is ' exposed for sale, etc.,' and if he is so satisfied he raay seize. But 
he need not give notice to the owner of the articles seized, nor is the justice 
before whom the article is taken bound to summon the owner before con- 
demning the goods [White v. Redfern, 5 Q.B.D., 15 ; 49 L.J.M.C, 19 ; 41 L.T. 
(N.S.), 524 ; 28 W.R., 168 ; 44 J. P., 87). The officer cannot destroy the article. 
He must take it to be dealt with by a justice under Section 117. If he does 
destroy it, he acts illegally, and the local authority will be liable in damages 
[Ormerod v. Mayor, etc., of Rochdale, 62 J. P., 153). 

180 



PUBLIC HEALTH ACT, 1875 181 

sale or used for the food of man ;^ and the person to whom the same 
belongs, or did belong, at the time of exposure for sale, or in whose 
possession or on whose premises the same was found, ^ shall be liable 
to a penalty not exceeding twenty pounds for every animal, carcass, 
or fish, or piece of meat, flesh, or fish, or any poultry or game, or 
for the parcel of fruit, vegetables, corn, bread, or flour, or for the 
milk so condemned, or, at the discretion of the justice, without the 
infliction of a fine, to imprisonment for a term of not more than 
three months. 

The justice who under this section is empowered to convict the 
offender may be either the justice who may have ordered the 
article tabe disposed of or destroyed, or any other justice having 
jurisdiction in the place. 

118. Any person who in any manner prevents any medical 
officer of health or inspector of nuisances from entering any premises 
and inspecting any animal, carcass, meat, poultry, game, flesh, fish, 
fruit, vegetables, corn, bread, flour, or milk exposed or deposited 
for the purpose of sale, or of preparation for sale, and intended for 
the food of man, or who obstructs or impedes any such medical 

^ The Justice may hear evidence tendered by owner, although the owner 
is not entitled as of right to give evidence in defence of the meat {Bater and 
the Mayor, etc., of Birkenhead, 1893, 2 Q-Ej., jj ; 62 L.J.M.C, 107 ; 69 L.T. 
(N.S.), 220 ; 41 W.R., 513 ; 4R, 438 ; 58 J. P., 7). It has been held that all the 
magistrate is entitled to consider, before condemning an article, is whether 
it is unsound or unwholesome, or unfit for human food {Thomas v. Van Os, 
1900, 2 Q.B., 448 ; 69 L.J.Q.B., 665 ; 82 L.T. (N.S.), 845 ; 49 W.R., 57 ; 
64 J. P., 582 ; 16 T.L.R., 388). In Williams v. Marberth Sanitary Authority 
[Times, December 7, 1882) an opinion was expressed that condemnation on 
day after seizure in hot weather in July was bad. But see Burton v. Bradley , 
51 J. P., 118, where it was held that condemnation need not be on the same 
day as seizure, provided reasonable diligence is used. 

As to owner's remedy for unlawful seizure, see Section 308 ; also White v. 
Redfern, cited in note 4 to Section 116, p. supra ; Bater and Birkenhead, cited 
in this note, supra ; Davies and Rhondda Urban District Council, 80 L.T. 
(N.S.), 696; Walshawv. Mayor, etc., of Brighouse, 1899, 2 Q.B., 86; 68 L.J.Q.B., 
828 ; 81 L.T. (N.S.), 2 ; 47 W.R., 600. 

2 In R. V. Blount it was held that a defendant who had been charged and 
acquitted could not be convicted under a second summons for the same offence. 

Possession for sale for human food is sufhcient without exposure [Mallinson 
V. Carr, 1891, i Q.B., 48; 60 L.J.M.C, 34; 39 W.R., 270; 55 J. P., 270). 
But see Rendell v. Hemingway, 14 T.L.R., 456, where it was held that a 
person who had unsound meat on his premises intended for food for himself 
and servants, but not for sale, could not be convicted. See also Barlow v. 
Terrett, 1891, 2 Q.B., 107 ; 60 L.J.M.C, 104 ; 65 L.T. (N.S.), 148 ; 39 W.R., 
640; ss J. P., 632. 

Upon the hearing of a summons under this section, it is not necessary to 
show that the defendant had personal knowledge of the condition of the meat 
seized [Blaker v. Tillstone, 1894, i Q.B., 345 ; 63 L.J.M.C, 72 ; 70 L.T. (N.S.), 
31 ; 42 W.R., 253 ; 58 J. P., 184 ; 10 T.L.R., 178 ; 10 R., 94. 

A defendant may call evidence to show that the meat condemned was not, 
in fact, unsound {Waye v. Thompson, 15 O.B.D., 342; 54 L.J.M.C, 140; 
S3 L.T (N.S.), 358 ; 33 W.R., 733 ; 49 J.P., 69I. 



1 82 MEAT AND FOOD INSPECTION 

officer, or inspector, or his assistant, when carrying into execution 
the provisions of this Act, shall be liable to a penalty not exceeding 
five pounds. 

119. On complaint made on oath by a medical ofQcer of health, 
or by an inspector of nuisances, or other officer of a local authority, 
any justice may grant a warrant to any such officer to enter any 
building or part of a building in which such officer has reason for 
believing that there is kept or concealed any animal, carcass, meat, 
poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, or 
milk which is intended for sale for the food of man, and is diseased, 
unsound, or unwholesome, or unfit for the food of man ; and to 
search for, seize and carry away any such animal or other article 
in order to have the same dealt with by a justice under the pro- 
visions of this Act. 

Any person who obstructs any such officer in the performance 
of his duty under such warrant shall, in addition to any other 
punishment to which he may be subject, be liable to a penalty not 
exceeding twenty pounds. 



Markets and Slaughter-houses. 

166. Where an urban authority are a local board or improvement 
commissioners, they shall have power, with the consent of the 
owners and ratepayers of their district, expressed by resolution 
passed in manner provided in Schedule III. to this Act, and where 
the urban authority are a town council they shall have power, with 
the consent of two-thirds of their number, to do the following things, 
or any of them, within their district : 

To provide a market-place, and construct a market-house and 

other conveniences, for the purpose of holding markets ; 
To provide houses and places for weighing carts ; 
To make convenient approaches to such market ; 
To provide all such matters and things as may be necessary for 

the convenient use of such market ; 
To purchase or take on lease land, and public or private rights 

in markets and tolls for any of the foregoing purposes ; 
To take stallages, rents, and tolls in respect of the use by any 

person of such market ; 

but no market shall be established in pursuance of this section so 
as to interfere with any rights, powers, or privileges enjoyed within 
the district by any person without his consent. 

167. For the purpose of enabling any urban authority to establish 
or to regulate markets, there shall be incorporated with this Act the 
provisions of the Markets and Fairs Clauses Act, 1847, in so far as 
the same relate to markets — that is to say : 



PUBLIC HEALTH ACT, 1875 183 

With respect to the holding of the market or fair, and the pro- 
tection thereof ; and 
With respect to the weighing goods and carts ; and 
With respect to the stallages, rents, and tolls ; 

provided that all tolls leviable by an urban authority in pursuance 
of this section shall be approved by the Local Government Board. 

An urban authority may with respect to any market belonging to 
them make by-laws for any of the purposes mentioned in Section 42 
of the Markets and Fairs Clauses Act, 1847, so far as those purposes 
relate to markets, and printed copies of any by-laws so made shall 
be conspicuously exhibited in the market. 

168. Any urban authority may purchase, and the directors of any 
market company, in pursuance, in the case of a company registered 
under the Companies Act, 1862, of a special resolution of the mem- 
bers passed in manner provided by the Act, and in that case of any 
other company, of a resolution passed by a majority of three-fourths 
in number and value of the members present, either personally or 
by proxy, at a meeting specially convened with notice of the 
business to be transacted, may sell and transfer to any urban 
authority, on such terms as may be agreed on between the company 
and the urban authority, all the rights, powers, privileges, and all 
or any of the markets, premises, and things which at the time oi 
such purchase are the property of the company, but subject to all 
liabilities attached to the same at the time of such purchase. 

169. Any urban authority may, if they think fit, provide 
slaughter-houses, and they shall make by-laws with respect to the 
management and charges for the use of any slaughter-houses so 
provided. 

For the purpose of enabling any urban authority to regulate 
slaughter-houses within their district, the provisions of the Towns 
Improvement Clauses Act, 1847, with respect to slaughter-houses 
shall be incorporated with this Act. 

Nothing in this section shall prejudice or affect any rights, powers 
or privileges of any persons incorporated by any local Act passed, 
before the passing of the Public Health Act, 1848, for the purpose of 
making and maintaining slaughter-houses. 



Notice to be affixed on Slaughter-houses. 

170. The owner or occupier of any slaughter-house licensed or 
registered under this Act shall, within one month after the licensing 
or registration of the premises, affix, and shall keep undefaced and 
legible on some conspicuous place on the premises, a notice with the 
words ' Licensed Slaughter-house,' or ' Registered Slaughter-house,' 
as the case may be. 



1 84 MEAT AND FOOD INSPECTION 

Any person who makes default in this respect, or who neglects or 
refuses to affix or renew such notice after requisition in writing from 
the urban authority, shall be liable to a penalty not exceeding five 
pounds for every such offence, and of ten shillings for every day 
during which such offence continues after conviction. 



- INFECTIOUS DISEASE (PREVENTION) 

ACT, 1890 

4. In case the medical officer of health is in possession of evidence 
that any person in the district is suffering from infectious disease 
attributable to milk supplied within the district from any dairy 
situate within or without the district, or that the consumption of 
milk from such dairy is likely to cause infectious disease to any 
person residing in the district, such medical officer shall, if authorized 
on that behalf by an order of a justice having jurisdiction where 
such dairy is situate, have power to inspect such dairy, and if 
accompanied by a veterinary inspector or some other properly 
qualified surgeon, to inspect the animals therein ; and if on such 
inspection the medical officer of health shall be of opinion that 
infectious disease is caused by consumption of the milk supplied 
therefrom, he shall report thereon to the local authority, and his 
report shall be accompanied by any report furnished to him by the 
said veterinary surgeon or inspector, and the local authority may 
thereupon give notice to the dairyman to appear before them within 
such time — not less than twenty-four hours — as may be specified 
in the notice, to show cause why an order should not be made 
requiring him not to supply any milk therefrom within the district 
until such order has been withdrawn by the local authority ; and if, 
in the opinion of the local authority, he fails to show such cause, 
then the local authority may make such order as aforesaid ; 
and the local authority shall forthwith^ give notice of the facts to 
the sanitary authority and county council (if any) of the district 
or county in which such dairy is situate, and also to the Local 
Government Board. An order made by a local authority in pur- 
suance of this section shall be forthwith withdrawn on the local 
authority or the medical officer of health on its behalf being satis- 
fied that the milk-supply has been changed, or that the cause of the 
infection has been removed. Any person refusing to permit the 
medical officer of health, on the production of such order as afore- 
said, to inspect any dairy, or if so accompanied as aforesaid to 
inspect the animals kept there, or after any such order not to supply 



PUBLIC HEALTH AMENDMENT ACT, 1890 185 

milk as aforesaid has been given, supplying any milk within the 
district in contravention of such order, or selling it for consumption 
therein, shall be deemed guilty of an offence under the Act. Pro- 
vided always that proceedings in respect of such offence shall be 
taken before the justices of the peace having jurisdiction in the place 
where the dairy is situate ; provided, also, that no dairyman shall 
be liable to an action for breach of contract if the breach be due to 
an order from the local authority under this Act. 



PUBLIC HEALTH AMENDMENT ACT, 1890 
(ADOPTIVE) (ENGLAND AND WALES) 

28. (i) Sections 116 to 119 of the Public Health Act, 1875 
(relating to unsound meat), shall extend and apply to all articles 
intended for the food of man, sold, or exposed for sale, or deposited 
in any place for the purpose of sale, or of preparation for sale, 
within the district of any local authority. 

(2) A justice may condemn any such article, and order it to be 
destroyed or disposed of, as mentioned in Section 116 of the Public 
Health Act, 1875, if satisfied, on complaint being made to him, that 

' such article is diseased, unsound, unwholesome, or unfit for the food 
■ of man, although the same has not been seized as mentioned in 
' Section 116 of the said Act. 

' 29. Licences granted after the adoption of this part of this Act 
; for the use and occupation of places as slaughter-houses shall be 
I in force for such time or times only, not being less than twelve 
; months, as the urban authority shall think fit to specify in such 
; licences. 

30. (i) Upon any change of occupation of any building within 
an urban sanitary district registered or licensed for use and used as 

' a slaughter-house, the person thereupon becoming the occupier or 
joint occupier shall give notice in writing of the change of occupa- 

Stion to the inspector of nuisances. 

i (2) A person who fails or neglects to give such notice within one 
month after the change of occupation occurs shall be liable to a 

', penalty not exceeding five pounds. 

(3) Notice of this enactment shall be endorsed on all licenses 
granted after the adoption of this part of this Act. 

31. If the occupier of any building licensed as aforesaid to be 
^used as a slaughter-house for the killing of animals intende^ as 
; human food is convicted by a court of summary jurisdiction of 



1 86 MEAT AND FOOD INSPECTION 

selling, or exposing for sale, or for having in his possession, or on 
his premises, the carcass of any animal, or any piece of meat or 
flesh diseased, or unsound, or unwholesome, or unfit for the use of 
man as food, the court may revoke the licence. 



CONTAGIOUS DISEASES (ANIMALS) 
ACT, 1878 

34. The Privy Council may from time to time make such general 
or special orders as they think fit, subject and according to the pro- 
visions of this Act, for the following purposes, or any of them : 

(i.) For the registration with the local authority of all per- 
sons carrying on the trade of cow-keepers, dairymen, or 
purveyors of milk. 

(ii.) For the inspection of cattle in dairies, and for prescribing 
and regulating the lighting, ventilation, cleansing, 
drainage, and water-supply of dairies and cow-sheds in 
the occupation of persons following the trade of cow- 
keepers or dairymen. 

(iii.) For securing the cleanliness of milk-stores, milk-shops, 
and of milk-vessels used for containing milk for sale, 
by such persons. 

(iv.) For prescribing precautions to be taken for protecting 
milk against infection or contamination. 

(v.) For authorizing a local authority to make regulations for 
the purposes aforesaid or any of them, subject to such 
conditions, if any, as the Privy Council prescribe. 



CONTAGIOUS DISEASES (ANIMALS) 
ACT, 1886 

g. (i) Transfers powers from Privy Council (mentioned in 
previous Act) to Local Government Board. 

(2) The term ' local authority ' in the Metropolis, unless the con- 
text otherwise requires, has the same meaning as in the principal 
Act, and elsewhere has the same meanings as in the Public Health 
Act, ,1875. 



CONTAGIOUS DISEASES (ANIMALS) ACT, 1886 187 

(3) Expenses incurred by a local authority in the Metropolis in 
pursuance of Section 34 of the principal Act, as amended by this 
section, shall be defrayed out of the local rate applicable to their 
expenses under the principal Act ; and any expenses so incurred 
by any other local authority shall be defrayed as if they were 
incurred in the execution of the Public Health Act, 1875, and in the 
case of a rural sanitary authority, shall be deemed to be general 
expenses. 

(4) Officers of the local authority, for the purpose of enforcing 
the said orders, shall have the same rights of entry as are afforded 
by the Public Health Act, 1875, with penalties for refusing admis- 
sion, etc. 

(5) Penalties granted may be recovered. 

(6) (a) The Dairies, Cowsheds, and Milkshops Order of 1885, and 

any regulations thereunder, or having effect in pur- 
suance thereof, made by any local authority under the 
principal Act, other than the local authority of a county, 
shall be deemed to have been made respectively by the 
Local Government Board and by a local authority 
under this section ; and any such regulations made by 
the local authority of a county, within the meaning of 
the principal Act, shall, so far as they extend to the 
district of any local authority as defined in this section, 
be deemed to have been made by such local authority. 
[b) So much of any register kept by the local authority of any 
county under the said order as relates to the district 
of any local authority as defined in this section, or a 
copy thereof, shall, as soon as may be after passing of 
this Act, be delivered to the local authority by the 
local authority of the county. 



PUBLIC HEALTH (SCOTLAND) ACT, 1897 
Unsound Food. 

SECTION 43. 

43. An^ medical officer or sanitary inspector, or any veterinary 
surgeon^ approved for the purposes of this section by the local 
authority, may at all reasonable times^ enter any premises^ within 
the district of the local authority, or search any cart or vehicle, 
or any barrow, basket, sack, bag, or parcel, in order to inspect 
or examine, and may inspect and examine — 

(a) Any animal, alive or dead, intended for the food of mani 
which is exposed for sale,'' or is in course of transmission;' 
for the purpose of sale or of preparation for sale ;l 
and \ 

{h) Any article, whether solid or liquid, intended for the food i 
of man, and sold or exposed for sale, or deposited in 
any place or in course of transmission for the purpose 
of sale or of preparation for sale ; 

the proof that the same was not exposed or deposited, or in course 
of transmission for any such purpose, or was not intended for the 
food of man, resting with the person charged ; and if any such animal 
or article appears to such medical of&cer or sanitary inspector or 

^ See Section 3 for dej&nition. 

2 Held that Sunday afternoon might, in certain circumstances, be a reason- 
able time for examining meat [Small v. Bickley, 32 L.T. (N.S.), 726 ; 39 J.P-. 
422. 

2 Definition of ' premises ' given in Section 3. 

* In any proceedings it must be averred and proved that the animal or 
article was ' intended for th.6 food of man ' as well as ' exposed for sale,' etc. 
A complaint under Section 26 of the the 1867 Act was held to be irrelevant, 
as it did not state that fish were exposed for sale, or were, in fact, intended 
for human food (Phillips v. Auld, January, 1892, 19 R. (Just.), 29 ; 29 S.L.R.,, 
299 ; I County Council Cases, 30. See also Braid v. John Swan and Sons, 
Ltd., 1903, s F., 579 ; 40 S.L.R. , 426 ; 10 S.L.T., 721). It is not necessary that 
the complaint should state the cause of the unfitness for human food [Cairns, 
v. Ferguson, June 8, 1886, 13 R. (Just.), 83 — Lord Justice Clerk (Moncrieff)) ; 
Gibson v. Town Council of Ayr, December 23, 1892, 20 R. (Just.), 47 — Lord 
McLaren ; 30 S.L.R., 331 ; i County Council Cases, 43). i 

188 j 



PUBLIC HEALTH (SCOTLAND) ACT, 1897 189 

veterinary surgeon to be diseased, or unsound, or unfit for tlie food 
of man, he may seize and carry away the same himself or by any 
assistant, in order to have the same dealt with summarily by a 
sheriff, magistrate, or justice. 

Provided that in the case of any proceeding under this section 
with regard to a living animal the medical officer or sanitary 
inspector, unless he is himself a qualified veterinary surgeon, shall 
be accompanied by a veterinary surgeon approved as aforesaid. 

The police force of each police area shall have power to search 
carts or vehicles, or barrows, baskets, sacks, bags, or parcels, and 
to assist generally in executing and enforcing this section. 

[2] If it- appears to a sheriff, magistrate, or justice that any 
animal or article which has been seized, or is liable to be seized, 
under this section is diseased, or unsound, or unfit for the food of 
man, he shall condemn the same,^ and order it to be destroyed or 
so disposed of as to prevent it from being exposed for sale or used 
for the food of man f and the person to whom the same belongs, or 
did belong, at the time of sale or exposure for sale, or deposit, or 
transmission for the purpose of sale, or of preparation for sale, or 
in whose possession or on whose premises the same was found, shall 
be liable to a penalty not exceeding fifty pounds for every animal 
or article, or if the article consists of fruit, vegetables, corn, bread, 
or flour, for every parcel thereof so condemned, unless he proves 

^ It is competent to apply for a warrant to destroy a carcass without an 
application for a conviction of the person to whom it belongs ; and an order to 
destroy, without a conviction for having exposed the carcass for sale, is not 
appealable to the High Court of Justiciary under the Summary Prosecutions 
Appeals Act, 1875 {Couperv. Lang, December 12, 1889, 17 R. (Just.), 15). 

2 In Cairns v. Ferguson, June 8, 1886, 13 R. (Just.), 13, it was held that an 
order to destroy was not, under Section 181 of the Police and Improvement 
Act, 1850, a condition precedent to conviction ; but that decision may not 
apply to a case under this section, where it is provided that the penalty may 
be imposed for each animal, etc., ' so condemned.' It does not appear neces- 
sary to make the application for a conviction at the same time as the applica- 
tion for warrant to destroy, and in practice this is never done. In Gibson v. 
Town Council of Ayr, December 23, 1892, 20 R. (Just.), 47 ; 30 S.L.R., 331 ; 
I County Council Cases, 43, it was held competent to present a petition for 
warrant to destroy a carcass seized by a sanitary inspector, and after obtain- 
ing the warrant, to present a second petition against the same person for 
penalties and expenses of seizure. (See dictum by Lord McLaren.) For a case 
where it was held that the accused had not the carcass ' in his possession as 
or for human food,' see Cairns v. Linton, March 4, 1889, 16 R. (Just.), 81. 
In Neilson v. Parkhill, December 12, 1892, 20 R. (Just.), 24, where a person was 
charged under the Glasgow Police Amendment Act, 1890, Sections 19 and 20, 
with having been found in possession of diseased meat intended for sale for 
human consumption, the complaint is set forth that the meat was seized in a 
barrow belonging to accused, driven by his servant, and under his orders. 
Held that there was a relevant averment of possession by accused. 

The full penalty may be exacted for each animal or article in respect of 
^vhich an offence is committed. (See Cairns v. Ferguson, June 8, 1886, 13 R. 
(Just.), 83 ; dictum by Lord Young.) 



190 MEAT AND FOOD INSPECTION 

that he and the person acting on his behalf (if any) did not know^ 
and could not with reasonable care have known, that it was in suclri 
condition/ or where the proceedings are before a sheriff, at th0 
discretion of the court, if it finds that he knowingly and wilfully 
committed the offence, he shall be liable, without the infliction of a 
penalty, to imprisonment for a term of not more than three months, 
with or without hard labour, and also to pay all expenses caused by 
the seizure, detention, or disposal thereof. 

Provided that if such person proves that the animal, or part 
thereof, condemned as aforesaid was within a reasonable time prior 
to the seizure thereof examined upon the premises where the 
animal was slaughtered, and passed by a veterinary surgeon 
approved as aforesaid, called in for the purpose, and who shall have 
granted a certificate of passing as nearly as may be as in the next 
subsection provided, or by a veterinary surgeon in terms of that sub- 
section, he shall be exempt from penalty or imprisonment under 
this section for such offence. 

[3] Each local authority, or two or more local authorities in 
combination, may, if they think fit, appoint a place or places 
( — e.g., clearing-house, see p. 123) — within its district or their dis- 
tricts, and fix a time or times at which a veterinary surgeon, 
approved as aforesaid, shall attend for the purpose of examining 
any animal alive or dead which may there be submitted to him, 
and passing or condemning the same, and such veterinary surgeon 
shall, on receipt of a fee to be fixed by the local authority or autho- 
rities, and paid by the owner, examine and pass or condemn in 
whole or in part any animal or carcass so submitted to him ; and 
if he shall pass the same, he shall grant a certificate of passing, 
which shall set forth the name of the owner, the date and hour of 
examination, and such particulars regarding the animal or carcass 
as the local authority or authorities may prescribe for the purpose 
of aiding in the subsequent identification of the same ; and if he 
shall condemn the animal or carcass, or part thereof, the animal or 
carcass, or part so condemned, shall be retained and be forthwith 
destroyed by the local authority or authorities, or so disposed of as ; 
to prevent it from being exposed for sale or used for the food of 
man, and the owner shall be entitled to the net price realized from 

^ In Ogilvy v. Mitchell, 1903, 5 F. (Just.), 92, in a summary complaint 
where accused was charged with a contravention of this section, as owner of the 
carcass of an animal in the course of transmission for the purpose of sale for 
the food of man which was unsound or unfit for the food of man, two medical 
men were examined as to the condition of the carcass. They referred in their 
evidence to reports given by them prior to the trial, upon which an order had 
been pronounced by the magistrates for the destruction of the carcass. Ac- 
cused was convicted. Held, on a bill of suspension, that the conviction was 
not invalidated by failure to produce the order in question at the trial, or to 
note in the record of proceedings the reports to which the medical witnesses 
had referred. See dictum by Lord McLaren. 



PUBLIC HEALTH (SCOTLAND) ACT, 1897 191 

the residual product of the carcass or part so condemned, if any, 
after deducting the expense of condemnation and destruction. 
Provided that no carcass shall be submitted for examination, either 
under this or the immediately preceding subsection, unless as a 
whole carcass, including the thoracic and abdominal viscera, in 
such manner that the examiner shall be readily able to satisfy 
himself that the organs are those of the carcass under inspection. 

[4] Where it is shown^ that any animal or article liable to be 
seized under this section, and found in the possession of any person, 
was purchased by him, or consigned to him, from another person 
for the food of man, and when so purchased or consigned was in 
such a condition as to be liable to be seized and condemned under 
this sectioTi, the person who so sold or consigned the same shall be 
liable to be brought to trial in the district in which such animal 
or article was seized, and on conviction shall be liable to the penalty 
and imprisonment above mentioned, unless he proves that, at 
the time he sold or consigned the said animal or article, he and 
the person acting on his behalf, if any, did not know, and could 
not with reasonable care have known, that it was in such a 
condition. 

[5] A copy of any certificate granted by a veterinary surgeon, 
under subsections 2 or 3 or this section, shall forthwith be sent by 
him to the chief constable of the jurisdiction in which the examina- 
tion of the animal or carcass took place, and the certificate itself 
shall be sent by the person selling the animal or carcass forthwith 
after the sale, and not more than seven days from the date of the 
certificate to the chief constable of the jurisdiction in which the 
sale of the animal or carcass took place, and if any veterinary 
surgeon or person shall contravene this enactment, he shall be 
liable to a penalty not exceeding twenty pounds. 

^ Under this subsection it may be possible to convict in such a case as 
Cairns V. Linton, March 4, 1889, 16 R. (Just.), 81, where a farmer in Perthshire 
sent, in the ordinary course of business, the carcass of a bull addressed to the 
Dead Meat Company, Edinburgh. The carcass was condemned as unfit for 
human food, and the farmer was convicted of a contravention of Section 261 
of the Edinburgh Police Act, 1879, in respect he had unsound beef in Edin- 
burgh ' in his possession as or for human food.' On appeal, the court {dub. 
Lord Trayner) quashed the conviction, holding that facts had not been proved 
sufficient to infer that the accused had the carcass in Edinburgh in his pos- 
session either actually or constructively as or for human food. 

Under a similar section in a local Act, an auctioneer to whom unsound 
fish were consigned was held not liable to conviction, on the ground that it 
was not the auctioneer, but the owner of the fish (the auctioneer's employer), 
who was the seller within the meaning of the section [Walker v. Linton, 1892, 
20 R. (Just.), I. An Aberdeen consigner of fish sold by an auctioneer in New- 
haven Fish Market, and immediately thereafter seized and condemned as 
unsound, was successfully prosecuted in the Edinburgh Sheriff Court under 
this section as the person who sold or consigned the fish [Leith Local Authority 
V. Kennedy ; reported in Scotsman, November 25, 1903). 



192 MEAT AND FOOD INSPECTION 

[6] Where any person convicted of an offence under this section 
has been within twelve months previously convicted of an offence 
under this section, the sheriff, magistrate, or justice may, if he 
thinks fit, and finds that the offender knowingly and wilfully com- 
mitted both such offences, order that a notice of the facts be affixed, 
in such form and manner and for such period not exceeding twenty- 
one days, as the sheriff, magistrate, or justice may order, to any 
premises occupied by that person, and that the person do pay the 
costs of such affixing ; and if any person obstructs the affixing of 
such notice, or removes, defaces, or conceals the notice while 
affixed during the said period, he shall for each offence be liable to 
a penalty not exceeding five pounds. 

[7] If the occupier of a licensed slaughter-house is convicted of 
an offence under this section, the sheriff, magistrate, or justice 
convicting him may cancel the licence for such slaughter-house. 

[8] If any person obstructs a medical officer, sanitary inspector, 
or veterinary surgeon as aforesaid in the performance of his duty 
under this section, he shall, where the proceedings are before a 
sheriff, and where the sheriff is satisfied that the obstruction was 
with intent to prevent the discovery of an offence under this sec- 
tion, or that the accused has within twelve months previously been 
convicted of such obstruction, be liable to imprisonment for any 
term not exceeding one month in lieu of any penalty authorized 
by this Act for such obstruction. 

[9] A sheriff, magistrate, or justice may act in adjudicating on 
an offender under this section, whether he has or has not acted in 
ordering the animal or article to be destroyed or disposed of. 



Licensing" of Slaug-hter-houses. 
SECTION 33. 

A person carrying on the business of a slaughterer of cattle 
or horses, or knacker, shall not use any premises as a slaughter- 
house or knacker's yard^ without a licence^ from the local authority, 
and if he does, he shall for each offence be liable to a penalty not 

^ Places for the slaughtering of horses and for the deposit of the carcasses 
must in burghs be licensed in terms of Section 285 of the Burgh Police Act, 
1892 ; but the fact that on several occasions of emergencj^ a horse-slaughterer 
has permitted the carcass of a horse to lie for a night within unlicensed premises 
will not justify a conviction under that section (Simpson v. Proctor, 
]a.nua.Ty 8, 1896, 23 R. (Just.), 22 ; 33 S.L.R., 270 ; 3 S.L.T., 369. 

2 The licence is subject to annual renewal, and a fee is chargeable for it 
(Subsection 2), but the licence will not bar proceedings under Section 16 (6) 
or Section 36 of this Act, should the business become a nuisance [Pentland v. 
Henderson, 1855, 17 D, 542). 



PUBLIC HEALTH {SCOTLAND) ACT, 1897 193 

exceeding five pounds/ and the fact that cattle or horses have been 
taken into unHcensed premises shall be prima facie evidence that 
an offence under this section has been committed. 

[2] A licence under this section shall expire on such day in every 
year as the local authority fix, and when a licence is first granted, 
shall expire on the day so fixed which secondly occurs after the 
grant of the licence, and a fee not exceeding five shillings may be 
charged for the licence or any renewal thereof. 

[3] Not less than twenty-one days before a new licence for any 
premises is granted under this section notice of the intention to 
apply for it shall be advertized as provided in subsection 2 of the 
immediately preceding section by the local authority of the district 
in which the premises are situate, and any person interested may 
show cause against the grant or renewal of the licence. 

[4] An objection shall not be entertained to the renewal of a 
licence under this section, unless seven days' previous notice of the 
objection has been served on the applicant,^ save that, on an objec- 
tion being made of which notice has not been given, the local 
authority may, if they think it is just to do so, direct notice thereof 
to be served on the applicant, and adjourn the question of the 
renewal to a future day, and require the attendance of the applicant 
on that day, and then hear the case, and consider the objection, as 
if the said notice had been duly given. 

[6] The local authority shall have right to enter any slaughter- 
house or knacker's yard at any hour by day, or at any hour when 
business is in progress, or is usually carried on therein, for the 
purpose of examining whether there is any contravention therein 
of this Act or of any by-law made thereunder. 

[7] Where any person carrying on the business of a slaughterer 
of cattle or horses or knacker at the passing of this Act is refused 
by the local authority a licence for the premises where such business 
is carried on, or where any person has been refused a renewal of any 
licence, such person may appeal to the board against such refusal, 
and the decision of the board shall be final f but in the case of a 

^ In Renfrew County Council v. Anderson, 1899, i F. (Just.), 48 ; ^6 S.L.R., 
321 ; 6 C.C.C, 36, it was held that a butcher accustomed to kill cattle on 
farms for payment, who had killed two pigs for A. in the garden behind A.'s 
house, which was not a licensed slaughter-house, was not in breach of this 
section, as he had not carried on the business of a slaughterer of cattle in 
premises of his own within the sense of the Act. 

2 See Section 159. 

2 Where butchers who, prior to the passing of this Act, had used unlicensed 
prernises, and who thereafter, on applying for a licence, were given six months 
within which to obtain other premises, appealed under this section to- the 
Local Government Board on the eve of the expiry of the six months, it was 
held that such appeal was no bar to their being prosecuted for using unlicensed 
premises in breach of Section 279 of the Burgh Police Act {Paton v. Wood, 
1899, I F. (Just.), 38 ; 2,6 S.L.R., 314; 6 C.C.C, 34). 

13 



194 MEAT AND FOOD INSPECTION 

district other than a burgh the appeal to the board shall only arise 
after the county council has given its determination on the matter, 
and a local authority may appeal to the board against the deter- 
mination of the county council. 



Local Authorities may provide a Slaug-hter-house. 

SECTION 34. 

The local authority of any district other than a burgh may 
provide, establish, improve, or extend and maintain within or 
without their district, and two or more such local authorities may 
combine to so provide, establish, improve, or extend and maintain 
fit shambles or slaughter-houses for the purpose of slaughtering 
cattle, and for that purpose may borrow such sums of money as 
they shall find necessary on the security of the public health assess- 
ment, and of the rates to be taken and levied for the use of such 
shambles or slaughter-houses and ground on which the same are 
erected, or on any one or more threof, and the provisions of Sec- 
tion 141 (deals with borrowing powers. — W. R.) of this Act shall, 
with the necessary modifications, apply to such borrowing. 

[It will be observed by the student reading the Public Health ! 
(Scotland) Act, 1897, that the terms ' slaughterer of cattle ' and 1 
' knacker ' come under the category of ' Offensive Trades ' (Sec- • 
tion 32). Under this section it is enacted that no offensive trade ! 
can be established without the sanction of the local authority, and | 
the local authority shall give fourteen days' clear notice of their 
intention to give sanction. Under Section 33 it is necessary to | 
give twenty-one days' notice of the intention to seek a licence for 
a slaughter-house or knackery. It may be taken for granted that 
when dealing with licences for the latter the period specified in 
Section 33 will be that followed.] 



BURGH POLICE (SCOTLAND) ACT 
Slaug-hter-houses. 

SECTIONS 278-287. 

278 (as amended by the Burgh Police (Scotland) Act, 1903). — 
The Commissioners may provide, establish, improve, or extend, 
within or without the burgh, fit shambles or slaughter-houses for 
the purpose of slaughtering cattle, and for that purpose may borrow j 



BURGH POLICE {SCOTLAND) ACT 195 

such sums of money as they shall find necessary, on the security of 
the burgh general assessment, and of the rates to be taken and 
levied for the use of such shambles and slaughter-houses, and of the 
shambles or slaughter-houses and ground on which the same are 
erected, or on any one or more thereof, provided that any town 
council which is refused by a local authority a licence under Sec- 
tion 33 of the Public Health (Scotland) Act, 1897, for premises for 
a slaughter-house without the burgh may appeal to the Local Govern- 
ment Board for Scotland against such refusal, and the decision of 
the Board shall be final. 

And where in any burgh the Commissioners, or their predecessors 
in office, shall have provided and established such shambles or 
slaughterhouses, and shall have paid for that purpose moneys out 
of the police or other funds under their charge, the Commissioners 
may repay such moneys out of the burgh general assessment, or 
out of any moneys borrowed on the security thereof, or in so far 
as the moneys so paid exceed in amount the moneys borrowed for 
the purposes of such shambles or slaughter-houses, under the 
powers of any special Act or provisional order, and may for the 
purpose of such repa5mient borrow money on the security of the 
burgh general assessment ; and they may also apply any funds 
under their charge towards the maintenance and management of 
such shambles or slaughter-houses, and the payment of any feu 
duties or any other annual burdens affecting the same, in the event 
of the rates levied for the use thereof not being sufficient for those 
purposes. 

280 (as amended by the Burgh Police (Scotland) Act, 1903). — The 
medical officer of health of the burgh shall report to the Commis- 
sioners on the sanitary condition of all slaughter-houses belonging 
to or licensed under the Public Health (Scotland) Act, 1897, by the 
Commissioners at least twice every year, and he, as well as the 
sanitary inspector, and any other person who may be specially 
appointed by the Commissioners for the purpose, shall have right 
of access to such slaughter-houses at all reasonable times for the 
purpose of inspecting the same. 

281 (as amended by the Burgh Police (Scotland) Act, 1903). — The 
Commissioners shall from time to time make by-laws, to be con- 
firmed in the manner herein provided, for the registering, regulation, 
and inspection of slaughter-houses, and preventing cruelty in 
slaughter-houses, and for keeping the same in a cleanly and proper 
state, and for removing filth at least once in every twenty-four hours, 
and for having them properly floored, drained, and provided with 
a sufficient supply of water, and they may impose pecuniary 
penalties on persons breaking such by-laws ; provided that no such 
penalty exceed for any one offence the sum of five pounds, and 
in the case of a continuous violation of such by-laws, the sum of 

13—2 



196 MEAT AND FOOD INSPECTION 

ten shillings for every day during which such nuisance shall be 
continued after the conviction of the first offence. 

282 (as amended by the Burgh Police (Scotland) Act, 1903). — ^The 
magistrate before whom any person is convicted of killing or 
dressing any cattle contrary to the provisions of this Act, or of 
the said by-laws, in addition to the penalty imposed, may suspend 
for any period not exceeding two months the licence granted under 
the Public Health (Scotland) Act, 1897, to such person ; and such 
magistrate, upon the conviction of any person for a second or other 
subsequent like offence, may, in addition to the penalty imposed, 
declare the licence granted to be revoked. 

283. Every person who, during the period for which any such 
licence is suspended, or after the same is revoked as aforesaid, 
slaughters cattle in the slaughter-house to which such licence relates, 
or otherwise uses such slaughter-house, or allows the same to be 
used as a slaughter-house, shall be liable to a penalty not exceeding 
five pounds for such offence, and a further penalty of five pounds 
for every day on which any such offence is committed after the con- 
viction for the first offence. 

284 (as amended by the Burgh Police (Scotland) Act, 1903. — If 
the Commissioners have provided under any former Act, or resolve 
to provide and establish, and do provide and establish, shambles 
or slaughter-houses, as herein provided, no person shall thereafter 
slaughter any cattle or beasts, or scald or dress the carcasses of 
any slaughtered cattle, or cause the same to be done, within the 
boundaries of the burgh, elsewhere than within the said slaughter- 
houses, under a penalty of five pounds for each offence ; provided 
always that this enactment shall not apply to any owner or occupier 
within the burgh who may keep any cattle or beasts within the 
burgh, and who may kill the same for his own or family consump- 
tion, and it shall be lawful for the Commissioners to charge, for the 
use of the said slaughter-houses, such reasonable rate or sum, having 
regard to the cost of construction, maintenance, and working 
thereof, as may be agreed on between them and the persons using 
the same ; and in case of difference as to the rate to be taken for 
the use of such slaughter-houses, the same shall, upon the applica- 
tion of either party, and after seven days' previous notice to the 
other party of such intended application, be fixed by the Sheriff 
in a summary manner, and the decision of the Sheriff shall be 
final. 

And to prevent evasion of the use of such slaughter-houses, all 
persons who shall, after such slaughter-houses are provided, bring 
within the boundaries of the burgh, for sale or consumption therein, 
the carcass, or part of a carcass, of any cattle or beast slaughtered 
within the distance of two miles beyond such boundaries elsewhere 
than in slaughter-houses provided or duly licensed in pursuance 



BURGH POLICE {SCOTLAND) ACT 197 

01 any Act of Parliament shall, on bringing such carcass, or part of 
a carcass, within the said boundaries, be liable in payment to the 
Commissioners of the amount of the rates or sums then being levied 
for cattle or beasts slaughtered in such slaughter-houses provided 
by them ; provided that where, before the passing of this Act, or 
within one year thereafter, any burgh shall have erected slaughter- 
houses, no other slaughter-house shall be erected within the dis- 
tance of two miles from the existing boundaries of such burgh, 
unless either it is erected with the consent of the Commissioners 
of such burgh, or is situated within the area of another burgh, or 
is provided by a local authority other than a town council, and in 
such last-mentioned case, notice of the proposal to provide a 
slaughter"- house shall be given by such local authority to the town 
council of the burgh, and the town council may within one month 
after receipt of such notice appeal to the Local Government Board 
for Scotland against such proposal, and the decision of the Board 
shall be final. 

285 (as amended by the Burgh Police (Scotland) Act, 1903). — It 
shall not be lawful to use any place within the burgh as a place of 
deposit for the carcasses of horses, unless and until every such place is 
licensed by the Commissioners, who are hereby authorized to give 
and recall such licences at pleasure ; and it shall not be lawful to 
carry or convey within the burgh any dead horse unless in a covered 
cart or waggon, or unless the dead carcass be sufficiently covered ; 
and any person who shall offend against this enactment shall be 
liable to a penalty not exceeding ten pounds, and a further penalty 
not exceeding two pounds for every day on which such offence shall 
continue. 

286. Nothing in or done under this Act shall interfere with the 
operation or effect of the Contagious Diseases (Animals) Act, 
1878 to 1890, or of any order, licence, or act of the Board of Agri- 
culture made, granted, or done, or to be made, granted or done 
thereunder, or of any order, regulation, licence, or act of a local 
authority made, granted, or done, or to be made, granted, or done, 
under any such order of the Board of Agriculture, or prohibit or 
interfere with the slaughter of any animals in accordance with the 
provisions of the said Act, or of any such order, licence, or regu- 
lation. 

287. The provisions of the Cattle-sheds in Burgh (Scotland) Act, 
1866, or Acts amending the same, may be carried into effect and 
enforced in the burgh by the magistrates, and offences against the 
same may be tried by the magistrates as police offences, and the 
penalties may be recovered and applied in the same way as penalties 
for police offences under this Act. 



198 MEAT AND FOOD INSPECTION 

Pigrsties. 

SECTIONS 35 and 16 (4), PUBLIC HEALTH (Scotland) ACT, 1897. 

35. The local authority may make by-laws regulating the con- 
struction of pigsties, the places in which they may be erected, and 
the mode of cleansing them at proper intervals, so as to prevent 
them from becoming a nuisance or dangerous to public health. 
(Observe that under Section 316 of the Burgh Police Act B (7) 
powers are given to prevent the keeping of swine within a burgh. 
Section 381 of the same Act enacts that anyone in a burgh who 
* keeps any swine near any dwelling-house so as to be a nuisance or 
an annoyance to the residents or passengers.') 

16 (4). Any stable, byre, or other building in which any animal 
or animals are kept in such manner or in such numbers as to be a 
nuisance or injurious or dangerous to health. 



BY-LAWS WITH RESPECT TO SLAUGHTER- 
HOUSES 

For the licensing, registering, and inspection of slaughter-houses, for 
preventing cruelty therein, for keeping the same in a cleanly and 
proper state, for removing filth at least once in every twenty-four 
hours, and requiring such slaughter-houses to he provided with a 
sufficient supply of water. 

I. Every person who shall apply to the sanitary authority for a 
licence for the erection of any premises to be used and occupied as 
a slaughter-house shall furnish in the form hereunto appended a 
true statement of the particulars therein required to be specified. 

2. Every person who shall apply to the sanitary authority for a 
licence for the use and occupation of any premises as a slaughter- 
house shall furnish in the form hereunto appended a true statement 
of the particulars therein required to be specified. 

3. Every person to whom the sanitary authority may have 
resolved that a licence be granted to erect premises for use and 
occupation as a slaughter-house shall be entitled to receive from 
the sanitary authority a licence in the form hereunto appended 
or to the like effect. 

4. Every person to whom the sanitary authority may have 
resolved that a licence be granted for the use and occupation of any 
premises as a slaughter-house shall be entitled to receive from the 



BY-LAWS WITH RESPECT TO SLAUGHTER-HOUSES 199 

sanitary authority a licence in the form hereunto appended, or to 
the hke effect. 

5. Every person who may have obtained from the sanitary 
authority, in accordance with the provisions of the by-law in that 
behalf a licence to erect any premises for use and occupation as a 
slaughter-house, or a licence for the use and occupation of any 
premises as a slaughter-house, shall register such premises at the 
office of the sanitary authority. 

He shall, for such purpose, apply, by notice in writing addressed 
to the clerk to the sanitary authority, to register such premises ; 
and thereupon it shall be the duty of the clerk to the sanitary 
authority, within a reasonable time after the receipt of such notice 
in writings to enter in a book to be provided by the sanitary authority 
in the form hereunto appended the particulars therein required 
to be specified. 



Form of Regrister of Slaug-hter-houses. 



District of 



Foho 









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V 




























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CS 







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Z 











OJ T3 O O 

C O J3 

G - jh 3 

rt (u gj ni 

•r- CO S i« 



Jh O ^< 

3 CD 

W UJ ti 

Ct3 o 

rt (D a, 1) 

"Z! C 3 2 

tn C o 3 



in 



Number of animals 

for which accommodation 

is provided on the 

premises. 



6. Every occupier of a slaughter-house shall, at all reasonable 
times, afford free access to every part of the premises to the medical 
officer of health, the inspector of nuisances, or the surveyor of the 
sanitary authority, or to any committee specially appointed by the 
sanitary authority in that behalf, for the purpose of inspecting such 
premises. 



200 MEAT AND FOOD INSPECTION 

7. Every occupier of a slaughter-house shall cause every animal 
brought to such slaughter-house for the purpose of being slaughtered, 
and confined in any pound, stall, pen, or lair upon the premises 
previously to being slaughtered, to be provided during such confine- 
ment with a sufficient quantity of wholesome water. 

8. Every occupier of a slaughter-house and every servant of 
such occupier, and every other person employed upon the premises 
in the slaughtering of cattle shall, before proceeding to slaughter 
any bull, ox, cow, heifer, or steer, cause the head of such animal 
to be securely fastened, so as to enable such animal to be felled 
with as little pain or suffering as practicable, and shall in the process 
of slaughtering any animal use such instruments and appliances, 
and adopt such method of slaughtering and otherwise take such 
precautions as may be requisite to secure the infliction of as little 
pain or suffering as practicable. 

9. Every occupier of a slaughter-house shall cause the means of 
ventilation provided in or in connection with such slaughter-house to 
be kept at all times in proper order and efficient action ; and so that 
the ventilation shall be by direct communication with the external air. 

10. Every occupier of a slaughter-house shall cause the drainage 
provided in or in connection with such slaughter-house to be kept 
at all times in proper order and efficient action. 

11. Every occupier of a slaughter-house shall cause every part 
of the internal surface of the walls and every part of the floor or 
pavement of such slaughter-house to be kept at all times' in good 
order and repair, so as to prevent the absorption therein of any 
blood or liquid refuse or filth which may be spilled or splashed 
thereon, or any offensive or noxious matter which may be 
deposited thereon or brought in contact therewith. 

He shall cause every part of the internal surface above the floor 
or pavement of such slaughter-house to be thoroughly washed with 
hot limewash at least four times in every year ; that is to say, at 
least once during the periods between the first and tenth of March, 
the first and tenth of June, the first and tenth of September, and 
the first and tenth of December respectively. 

He shall cause every part of the floor or pavement of such 
slaughter-house, and every part of the internal surface of every 
wall on which any blood or liquid refuse or filth may have been 
spilled or splashed, or with which any offensive or noxious matter 
may have been brought in contact during the process of slaughtering 
or dressing in such slaughter-house, to be thoroughly washed and 
cleansed within three hours after the completion of such slaughtering 
or dressing. 

12. An occupier of a slaughter-house shall not at any time keep 
any dog or cause or suffer any dog to be kept in such slaughter- 
house. 



BY-LAWS WITH RESPECT TO SLAUGHTER-HOUSES 201 

He shall not at any time keep, or cause or suffer to be kept in 
such slaughter-house any animal of which the flesh may be used 
for the food of man, unless such animal be so kept in preparation 
for the slaughtering thereof upon the premises. 

He shall not at any time keep any cattle, or cause or suffer any 
cattle to be kept in such slaughter-house for a longer period than 
may be necessary for the purpose of preparing such cattle, whether 
by fasting or otherwise, for the process of slaughtering. 

If, at any time, he keep, or suffer to be kept in such slaughter- 
house any cattle for the purpose of preparation, whether by fasting 
or otherwise, for the process of slaughtering, he shall not cause or 
suffer such cattle to be confined elsewhere than in the pounds, stalls, 
pens, or laars provided on the premises. 

13. Every occupier of a slaughter-house shall cause the hide or 
skin, fat, and offal of every animal slaughtered on the premises to 
be removed therefrom within twenty-four hours after the completion 
of the slaughtering of such animal. 

14. Every occupier of a slaughter-house shall cause the means of 
water-supply provided in or in connection with such slaughter- 
house to be kept, at all times, in proper order and efficient action, 
and shall provide for use on the premises a sufficient supply of water 
for the purpose of thoroughly washing and cleansing the floor or 
pavement, every part of the internal surface of every wall of such 
slaughter-house, and every vessel or receptacle which may be used 
for the collection and removal from such slaughter-house of any 
blood, manure, garbage, filth, or other refuse products of the 
slaughtering of any cattle or the dressing of any carcass on the 
premises. 

15. Every occupier of a slaughter-house shall provide a sufficient 
number of vessels or receptacles, properly constructed of galvanized 
iron or other non-absorbent material, and furnished with closely 
fitting covers, for the purpose of receiving and conveying from such 
slaughter-house all blood, manure, garbage, filth, or other refuse 
products of the slaughtering of any cattle or the dressing of any 
carcass on the premises. 

He shall forthwith upon the completion of the slaughtering of any 
cattle or the dressing of any carcass in such slaughter-house cause 
such blood, manure, garbage, filth or other refuse products to be 
collected and deposited in such vessels or receptacles, and shall cause 
all the contents of such vessels or receptacles to be removed from 
the premises at least once in every twenty-four hours. 

He shall cause every such vessel or receptacle to be thoroughly 
cleansed immediately after such vessel or receptacle shall have been 
used for such collection and removal, and shall cause every such 
vessel or receptacle when not in actual use to be kept thoroughly 
clean. 



202 MEAT AND FOOD INSPECTION 

i6. Every person who shall offend against any of the foregoing 
by-laws for the registering and inspection of slaughter-houses, for 
preventing cruelty therein, for keeping the same in a cleanly and 
proper state, for removing filth at least once in every twenty-four 
hours, and for requiring such slaughter-houses to be provided with 
a sufficient supply of water, shall be liable for every such offence 
to a penalty of five pounds, and in the case of a continuing nuisance 
to a penalty of ten shillings for every day during which such nuisance 
shall be continued after the conviction for the first offence : 

Provided, nevertheless, that the justices or court before whom 
any complaint may be made or any proceedings may be taken in 
respect of any such offence may, if they think fit, adjudge the pay- 
ment as a penalty of any sum less than the full amount of the penalty 
imposed by this by-law. 



MODEL BY-LAWS (LOCAL GOVERNMENT 
BOARD) REGULATING KEEPING OF 
ANIMALS 

10. The occupier of any premises shall not keep any swine or 
deposit any swine's dung within the distance of feet from any 

dwelling-house, or in such a situation or in such a manner as to pol- 
lute any water supplied for use or used or likely to be used by man 
for drinking or domestic purposes or for manufacturing drinks for the 
use of man, or any water used or likely to be used in any dairy. 

11. The occupier of any premises shall not keep any cattle or 
deposit the dung of any cattle in such a situation or in such a manner 
as to pollute any water supplied for use, or used, or likely to be used 
by man for drinking or domestic purposes or for manufacturing 
drinks for the use of man, or any water used or likely to be used in 
any dairy. 

12. Every occupier of a building or premises wherein or whereon 
any horse or other beast of draught or burden or any cattle or swine 
may be kept shall provide, in connection with such building or 
premises, a suitable receptacle for dung, manure, soil, filth, or other 
offensive or noxious matter which may, from time to time, be pro- 
duced in the keeping of any such animal in such building or upon 
such premises. 

He shall cause such receptacle to be constructed so that the bottom 
or floor thereof shall not in any case be lower than the surface of 
the ground adjoining such receptacle. 



MODEL BY-LAWS {LOCAL GOVERNMENT BOARD) 203 

He shall also cause such receptacle to be constructed in such a 
manner and of such materials and to be maintained at all times in 
such a condition as to prevent any escape of the contents thereof, 
or any soakage therefrom into the ground or into the wall of any 
building. 

He shall cause such receptacle to be furnished with a suitable 
cover, and, when not required to be open, to be kept properly 
covered. 

He shall likewise provide in connection with such building or 
premises a sufficient drain constructed in such a manner and of such 
materials and maintained at all times in such a condition as effec- 
tually to convey all urine or liquid filth or refuse therefrom into a 
sewer, cesspool, or other proper receptacle. 

He shall, once at least in every week, remove or cause to be re- 
moved from the receptacle provided in accordance with the require- 
ments of this by-law all dung, manure, soil, filth, or other offensive 
or noxious matter produced in or upon such building or premises 
and deposited in such receptacle. 

13. Every person who shall offend against any of the foregoing 
by-laws shall be liable for every such offence to a penalty of 

, and in the case of a continuing offence to a further penalty 
of for each day after written notice of the offence 

from the sanitary authority. 

Provided, nevertheless, that the justices or court before whom 
any complaint may be made or any proceedings may be taken in 
respect of any such offence may, if they think fit, adjudge the pay- 
ment as a penalty of any sum less than the full amount of the 
penalty imposed by this by-law. 



THE DAIRIES, COWSHEDS, AND 
MILKSHOPS ORDER OF 1885 

The Lords and others of Her Majesty's Most Honourable Privy 
Council, by virtue and in exercise of the powers in them vested 
under the Contagious Diseases (Animals) Act, 1878, and of every 
other power enabling them in this behalf, do order, and it is hereby 
ordered, as follows : 

Short Title. 

I. This Order may be cited as the Dairies, Cowsheds, and Milk- 
shops Order of 1885, and extends to England, Wales and Scotland 
only. 



204 MEAT AND FOOD INSPECTION 

Interpretation. 

4. In this Order— 

The Act of 1878 means the Contagious Diseases (Animals) Act, 
1878. 

Other terms have the same meaning as in the Act of 1878. 

Revocation of Former Orders. 

5. The Dairies, Cowsheds, and Milkshops Order of July, 1879, 
is hereby revoked ; provided that nothing in this Order shall be 
deemed to revive any Order of Council thereby revoked or to invali- 
date or make unlawful anything done before the commencement 
of this Order, or interfere with the institution or prosecution of 
any proceeding in respect of any offence committed against, or any 
penalty incurred under, the said Order hereby revoked. 

Registration of Dairymen and Others. 

6. (i) It shall not be lawful for any person to carry on in the 
district of any local authority the trade of cowkeeper, dairyman, 
or purveyor of milk, unless he is registered as such therein, in 
accordance with this article. 

(2) Every local authority shall keep a register of persons from 
time to time carrying on in their district the trade of cowkeepers, 
dairymen, or purveyors of milk, and shall from time to time revise 
and correct the register. 

(3) The local authority shall register every such person, but the 
fact of such registration shall not be deemed to authorize such 
person to occupy as a dairy or cowshed any particular building or 
in any way preclude any proceedings being taken against such 
person for non-compliance with, or infringement of, any of the pro- 
visions of this Order or any regulation made thereunder. 

(4) The local authority shall from time to time give public notice 
by advertisement in a newspaper circulating in their district, and, 
if they think fit, by placards, handbills, or otherwise, of registration 
being required, and of the mode of registration. 

(5) A person who carries on the trade of cowkeeper or dairy- 
man for the purpose only of making and selling butter or cheese, or 
both, and who does not carry on the trade of purveyor of milk, 
shall not, for the purposes of registration, be deemed to be a person 
carrying on the trade of cowkeeper or dairyman, and need not be 
registered. 



THE DAIRIES, COWSHEDS, AND MILK SHOPS ORDER, 1885 205 

(6) A person who sells milk of his own cows in small quan- 
tities to his workmen or neighbours, for their accommodation, 
shall not, for the purposes of registration, be deemed, by reason only 
of such selling, to be a person carrying on the trade of cowkeeper, 
dairyman, or purveyor of milk, and need not, by reason thereof, 
be registered. 



Construction and Watep-Supply of New Dairies and 
Cowsheds. 

7. (i) It shall not be lawful for any person following the trade 
of cowkeeper or dairyman to begin to occupy as a dairy or cowshed 
any building not so occupied at the commencement of this Order, 
unless and until he first makes provision, to the reasonable satis- 
faction of the local authority, for the lighting and the ventilation, 
including air-space, and the cleansing, drainage, and water-supply 
of the same, while occupied as a dairy or cowshed. 

(2) It shall not be lawful for any such person to begin so to occupy 
any such building without first giving one month's notice, in 
writing, to the local authority of his intention so to do. 



Sanitary State of all Dairies and Cowsheds. 

8. It shall not be lawful for any person following the trade 
of cowkeeper or dairyman to occupy as a dairy or cowshed any 
building, whether so occupied at the commencement of this Order 
or not, if and as long as the lighting and the ventilation, including 
air-space, and the cleansing, drainage, and water-supply thereof, 
are not such as are necessary or proper — 

(fl) For the health and good condition of the cattle therein ; and 

(b) For the cleanliness of milk vessels used therein for con- 

taining milk for sale ; and 

(c) For the protection of the milk therein against infection or 

contamination. 



Contamination of Milk. 

9. It shall not be lawful for any person following the trade of 
cowkeeper or dairyman or purveyor of milk, or, being the occupier 
of a milk-store or milkshop — 

(a) To allow any person suffering from a dangerous infectious 
disorder, or having recently been in contact with a 
person so suffering, to milk cows or to handle vessels 



2o6 MEAT AND FOOD INSPECTION 

used for containing milk for sale, or in any way to take 
part or assist in the conduct of the trade or business of 
the cowkeeper, or dairyman, or purveyor of milk, or 
occupier of a milk-store or milkshop, so far as regards 
the production, distribution, or storage of milk ; or 
(b) If himself so suffering, or having recently been in contact 
as aforesaid, to milk cows or handle vessels used for 
containing milk for sale, or in any way to take part in 
the conduct of his trade or business, as far as regards 
the production, distribution, or storage of milk : 

until in each case all danger therefrom of the communication of 
infection to the milk or of its contamination has ceased. 

10. It shall not be lawful for any person following the trade of 
cowkeeper or dairyman or purveyor of milk, or being the occupier 
of a milk-store or milkshop, after the receipt of notice of not less 
than one month from the local authority calling attention to the 
provisions of this article, to permit any water-closet, earth-closet, 
privy, cesspool, or urinal, to be within, communicate directly with, 
or ventilate into, any dairy, or any room used as a milk-store or 
milkshop. 

11. It shall not be lawful for any person following the trade of 
cowkeeper or dairyman, or purveyor of milk, or, being the occupier 
of a milk-store or milkshop, to use a milk-store or milkshop in his 
occupation, or permit the same to be used as a sleeping apartment, 
or for any purpose incompatible with the proper preservation of 
the cleanliness of the milk-store or milkshop, and of the milk vessels 
and milk therein, or in any manner likely to cause contamination of 
the milk therein. 

12. It shall not be lawful for any person following the trade of 
cowkeeper, or dair5nnan, or purveyor of milk, to keep any swine in 
any cowshed or other building used by him for keeping cows, or 
in any milk-store or other place used by him for keeping milk for 
sale. 

Regrulations of Local Authority. 

13. A local authority may from time to time make regulations 
for the following purposes, or any of them : 

(a) For the inspection of cattle in dairies. 

(b) For prescribing and regulating the lighting, ventilation, 

cleansing, drainage, and water-supply of dairies and 
cowsheds in the occupation of persons following the 
trade of cowkeepers or dairymen. 

(c) For securing the cleanliness of milk-stores, milkshops, and 

of milk vessels used for containing milk for sale by such 
persons. 



THE DA IRIES, COWSHEDS, AND MILK SHOPS ORDER, 1885 207 

{d) For prescribing precautions to be taken by purveyors of 
milk and persons selling milk by retail against infection 
or contamination. 



Provisions as to Regrulations of Local Authority. 

14. The following provisions shall apply to regulations made by 
a local authority under this Order : 

(i) Every regulation shall be published by advertisement in 
a newspaper circulating in the district of the local 
authority. 

(2) The local authority shall send to the Privy Council* a 

copy of every regulation made by them not less than 
one month before the date named in such regulation 
for the same to come into force. 

(3) If at any time the Privy Council are satisfied on inquiry, 

with respect to any regulation, that the same is of too 
restrictive a character, or otherwise objectionable, and 
direct the revocation thereof, the same shall not come 
into operation, or shall thereupon cease to operate, as 
the case may be. 



Existence of Disease among" Cattle. 

15. If at any time disease exists among the cattle in a dairy or 
cowshed, or other building or place, the milk of a diseased cow 
therein — 

{a) Shall not be mixed with other milk ; and 

(b) Shall not be sold or used for human food ; and 

(c) Shall not be sold or used for food of swine or other animals, 

unless and until it has been boiled. 



Acts of Local Authorities. 

16. (i) All orders and regulations made by a local authority 
under the Dairies, Cowsheds, and Milkshops Order of July, 1879, 
or any Order revoked thereby, and in force at the making of this 
Order, shall, as far as the same are not varied by or inconsistent 
with this Order, remain in force until altered or revoked by the local 
authority. 

(2) Forms of registers and other forms which have been before 

* I.e., the Local Government Board for Scotland. 



2o8 MEAT AND FOOD INSPECTION 

the making of this Order prepared for use by a local authority 
under the Dairies, Cowsheds, and Milkshops Order of July, 1879, 
or any Order revoked thereby, may be used, as far as they are 
suitable, for the purposes of this Order. 



Scotland. 

17. Nothing in this Order shall be deemed to interfere with the 
operation of the Cattle-sheds in Burghs (Scotland) Act, 1866. 



THE DAIRIES, COWSHEDS, AND 
MILKSHOPS AMENDING ORDER OF 1887 

The following are the enacting provisions of the Dairies, Cow- 
sheds, and Milkshops Amending Order, 1887 : 

Whereas it is expedient that the Order of 1885 should be altered 
as hereinafter mentioned, and that penalties should be imposed 
for offences against such Order ; 

Now, therefore, we, the Board of Supervision for the Relief of 
the Poor, and for Public Health in Scotland, in pursuance of 
the powers vested in us by the Act of 1886,* hereby order as 
follows : 

Article i. — This Order may be cited as the Dairies, Cow- 
sheds, and Milkshops Amending Order of 1887. 

Article 2. — Article 14 of the Order of 1885 shall be altered by 
the substitution therein of the words ' Board of Supervision ' for 
the words ' Privy Council ' occurring therein. 

Article 3. — If any person is guilty of an offence against the 
Order of 1885, he shall for every such offence be liable to a penalty 
of five pounds ; provided, nevertheless, that the Sheriff or other 
magistrate before whom any complaint may be made, or any pro- 
ceedings may be taken in respect of any such offence, may, if he 
think fit, adjudge the payment as a penalty of any sum less than 
the full amount of the penalty imposed by this Order. 

Article 4. — In this Order the expression ' Local Authority ' 
means the local authority under the Public Health (Scotland) 
Act, 1867. 

* The Contagious Diseases (Animals) Act, 1886. 



THE DAIRIES, COWSHEDS, AND MILKSHOPS ORDER, 1899 209 

THE DAIRIES, COWSHEDS, AND MILK- 
SHOPS ORDER OF 1899 

Whereas on the 15th day of June, 1885, Her Majesty's Most 
Honourable Privy Council (hereinafter referred to as ' the Privy 
Council '), in pursuance of the statutory provisions in that behalf, 
made an Order (hereinafter referred to as * the Order '), which is 
known as ' The Dairies, Cowsheds, and Milkshops Order of 1885 ' ; 

And whereas certain powers of the Privy Council, including the 
power of altering or revoking the Order, were transferred to the 
Board of Supervision for the Relief of the Poor and for Public 
Health in Scotland, and thereafter transferred to us, the Local 
Government Board for Scotland ; and in pursuance of such powers, 
the Order was altered by an Order duly confirmed by the Secretary 
for Scotland (hereinafter referred to as ' the Amending Order '), which 
was made by the aforesaid Board of Supervision on the 27th day of 
January, 1887, and is known as ' the Dairies, Cowsheds, and Milk- 
shops Amending Order of 1887 '; 

And whereas it is expedient that the Order as altered by the 
Amending Order should be further altered ; 

Now, therefore, in pursuance of the powers vested in us in that 
behalf, we hereby order as follows : 

Article i. — This Order may be cited as ' the Dairies, Cowsheds, 
and Milkshops Order of 1899.' 

Article 2. — Article 14 of the Order is hereby revoked, and the 
following provisions shall have effect after the date hereof : 

Regulations made by a local authority under the Order shall not 
take effect unless and until they have been submitted to and con- 
firmed by the Board, who may allow or disallow the same, as they 
may think proper ; nor shall any such regulations be confirmed — 

Unless notice of intention to apply for confirmation of the 
same has been given in one or more of the local newspapers 
circulated within, or by handbills posted throughout the 
district to which such regulations relate, one month at least 
before the making of such application ; and 

Unless for one month at least before any such application is 
considered a copy of the proposed regulations has been kept 
at the office of the local authority, and in the case of districts 
other than burghs, at the office of the parish council of every 
parish to which such regulations relate, and has been open 
during office hours thereat to the inspection of the rate- 
payers of the district to which such regulations relate, with- 
out fee or reward. 

14 



2IO MEAT AND FOOD INSPECTION 

Any person aggrieved by any proposed regulation, or by any 
proposed alteration of a regulation, may within such last-mentioned 
month forward notice of his objection to the Board. 

The clerk of the local authority shall, on the application of any 
such ratepayer, furnish him with a copy of such proposed regula- 
tions, or any part thereof, on payment of sixpence for every hundred 
words contained in such copy. 

A regulation when confirmed by the Board shall not require 
confirmation, allowance, or approval by any other authority. 

Article 3. — ^Article 15 of the Order shall be altered so that the 
expressions in the said article which refer to disease shall include, 
in the case of a cow, such disease of the udder as shall be certified 
by a veterinary surgeon to be tubercular ; and the Order and 
the Amending Order shall apply and be construed with the modifi- 
cations necessary to give effect to this article. 

[The attention of dairymen should also be called to the following 
provisions of the Public Health (Scotland) Act, 1897] : 

58. No person suffering from an infectious disease,- or who is 
living in an infected house, shall, without proper precautions against 
spreading such disease or infection, milk any animal, or pick fruit, 
or engage in any occupation connected with food, or shall carry 
on any trade or business in such a manner as to be likely to spread 
such disease or infection, and any person who knowingly contra- 
venes this section shall be liable to a penalty not exceeding ten 
pounds. (Amendment of 1907 embodied.) 

60. (i) If the medical officer of any district has evidence that any 
person in the district is suffering from an infectious disease attribut- 
able to milk supplied within the district from any dairy situate 
within the district, or that the milk from any such dairy is likely to 
cause any such disease to any person residing in the district, such 
medical of&cer shall visit such dairy, and the medical officer shall 
examine the dairy and every person engaged in the service thereof, 
or resident upon the premises, or who may be resident in any 
premises where any person employed in such dairy may reside, and, 
if accompanied by a veterinary surgeon approved as aforesaid, 
shall examine the animals therein, and the medical officer shall 
forthwith report the results of his examination, accompanied by 
the report of the veterinary surgeon, if any, to the local authority 
or any committee of the local authority appointed under Section 14 
to deal with such matters. 

(2) If the medical officer of any district has evidence that any 
person in the district is suffering from any infectious disease attribut- 
able to milk from any dairy without the district, or that the milk 
from any such dairy is likely to cause any such disease to any per- 
son residing in the district, such medical officer shall forthwith 
intimate the same to the local authoritv of the district in which such 



THE DAIRIES, COWSHEDS, AND MILKSHOPS ORDER, 1899 211 

dairy is situate, and such other local authority shall be bound 
forthwith by its medical officer to examine the dairy and the per- 
sons aforesaid, and by a veterinary surgeon approved as aforesaid, 
to examine the animals therein, previous notice of the time of such 
examination having been given to the local authority of the first- 
mentioned district, in order that the medical officer or any veterinary 
surgeon approved as aforesaid may, if they so desire, be present 
at the examinations referred to, and the medical officer of the 
second-mentioned local authority shall forthwith report the results 
of his examination, accompanied by the report of the veterinary 
surgeon, if any, to that local authority or any committee of that 
local authority appointed under Section 14 of this Act to deal with 
such matters. 

(3) The local authority of the district in which the dairj- is situ- 
ated, or any committee appointed for the purpose, shall meet 
forthwith and consider the reports, together with any other evidence 
that may be submitted by parties concerned, and shall either make 
an order requiring the dairyman not to supply any milk from the 
dairy until the order has been withdrawn by the local authority, or 
resolve that no such order is necessary. 

(4) Where proceedings are taken, or any order is made under 
this section by the local authority of a district other than a burgh, 
it shall not be competent to appeal against the said proceedings or 
against said order to the county council. 

(5) The local authority may, if the dairy is within the district, 
require the dairyman not to supply milk either within or without 
the district, and shall give notice of the fact to the local authority 
of any district within which they believe milk to be supplied from 
such dairy. 

(6) Any such order shall be forthwith withdrawn on the local 
authority, or their medical officer on their behalf, being satisfied 
that the milk from the dairy is no longer likely to cause infectious 
disease. 

(7) It shall be open to any local authority or dairyman aggrieved 
by any such resolution or order, or withdrawal of order, to appeal 
in a summary manner to a Sheriff having jurisdiction in the district 
in which the dairy is situated, and the Sheriff may either make 
an order requiring the dairyman to cease from supplying milk, or 
may vary or rescind any order which has been made by the local 
authority, and he may at any time withdraw any order made under 
this section. Pending the disposal of any such appeal the order 
shall remain in force. 

(8) If any person refuses to permit the medical officer or veterinary 
surgeon of either local authority to make examination as above 
provided, or, after any order has been made under this section, 
supplies milk in contravention of the order, he shall be liable to a 

14 — 2 



212 MEAT AND FOOD INSPECTION 

penalty not exceeding ten pounds, and, if the offence continues, 
to a further penalty not exceeding five pounds for every day during 
which the offence continues. 

(9) Provided that — 

(a) Proceedings in respect of the offence shall be taken before 

a sheriff having jurisdiction in the place where the dairy 

is situate ; and 
(6) A dairyman shall not be liable to an action for breach of 

contract if the breach be due to an order under this 

section. 

(10) Nothing in, or done under, this section shall interfere with 
the operation or effect of the Contagious Diseases (Animals) Acts, 
1878 to 1886, or of any Order, Licence, or Act of the Privy Council 
or the Board thereunder, or of any Regulation, Licence, or Act of a 
local authority, made, granted, or done under any such Order of the 
Privy Council or the Board, or exempt any dairy, building, or 
thing, or any person from the provisions of any general Act relating 
to dairies, milk, or animals. 

61. Whenever it shall be certified to the local authority, by the 
medical officer or other legally qualified medical practitioner, that 
the outbreak or spread of infectious disease within the district is, in 
the opinion of such medical officer or medical practitioner, attribut- 
able to milk supplied by any dairyman, whether wholesale or 
retail, or to milk supplied by one or other of several such dairy- 
men, whether wholesale or retail — 

(i) The local authority may require such dairyman, whether 
within or without the district, to furnish to them within 
a time to be fixed by them, being not less than twenty- 
four hours, a full and complete list of the names and 
addresses of all his customers within the district so far 
as known to him, and such dairyman shall furnish 
such list accordingly, and the local authority shall pay 
to him for every such list -at the rate of sixpence for 
every twenty-five names contained therein ; and every 
person who shall wilfully or knowingly offend against 
this enactment shall for each such offence be liable to a 
penalty not exceeding five pounds, and to a daily penalty 
not exceeding forty shillings. 

(2) The local authority may require such dairyman to furnish 
to them, within a time to be fixed by them, a full and 
complete list of the names and addresses of the farmers, 
dairymen, or other parties from whom, during a period 
to be specified, the milk, or any part of the milk which 
they sell or distribute, was obtained, and, if required, 
to produce and exhibit to the medical officer, or to any 



THE DAIRIES, COWSHEDS, AND MILK SHOPS ORDER, 1899 213 

person deputed by him, all invoices, pass - books, 
accounts, or contracts connected with, the consignment 
or purchase of milk during such period, and such dairy- 
men or others shall furnish such lists and produce and 
exhibit such invoices, pass-books, accounts, or con- 
tracts accordingly ; and every person who shall wilfully 
or knowingly offend against this enactment shall for 
every such offence be liable to a penalty not exceeding 
five pounds, and to a daily penalty not exceeding forty 
shillings. 
(3) In any case where the person liable to any penalty under 
this section is not resident within the district, such 
- penalty may be sued for at the instance of the Pro- 
curator-Fiscal before the Sheriff of the county in which 
such person is either domiciled or carries on business. 
The word ' dairy ' includes any farm, farmhouse, cowshed, milk- 
store, milkshop, or other place from which milk is supplied or in 
which milk is kept for purposes of sale. 

The word ' dairyman ' includes any cowkeeper, purveyor of milk, 
or occupier of a dairy. 

The attention of cowkeepers is drawn to the requirements in 
regard to cowsheds and byres of the Cattle-sheds in Burghs (Scot- 
land) Act, 1866, as also the rules and regulations made there- 
under. 



REGULATIONS AS TO DAIRIES, COW- 
SHEDS, BYRES, AND MILKSHOPS 

Made under the Public Health (Scotland), Act, 1897, the Contagious 
Diseases (Animals) Acts, 1878 to 1886, the Dairies, Cowsheds, and 
Milkshops Order, 1885, the Dairies, Cowsheds, and Milkshops 
Amending Order of 1887, and the Dairies, Cowsheds, and Milk- 
shops Order of 1899. 

(a) Fop the Inspection of Cattle in Dairies. 

I. In every case where the medical officer of health, or the 
sanitary inspector, or the veterinary surgeon approved for the 
purposes of Section 43 of the Public Health (Scotland) Act, 1897, 
or any other officer of the local authority specially authorized by 



214 MEAT AND FOOD INSPECTION 

them for the purpose, has, in pursuance of the statutory provisions 
in that behalf, obtained access to a dairy with the object of in- 
specting the cattle therein, the occupier of such dairy, and every 
person having charge of the cattle therein, shall render all reason- 
able assistance that may be required by such officer for the purpose 
of inspection. 



(&) For PFeseribing- and Regfulating* the Ligrhting", Ventila- 
tion, Cleansing", Drainage, and Water-supply of Dairies 
and Cowsheds in the Occupation of Persons following" 
the Trade of Cowkeepers or Dairymen. 

2. The lighting of dairies and cowsheds shall be by window lights 
in the roof or walls, the total area of which shall not be less than 
3 square feet for every animal which may be stalled therein. The 
windows or openings shall be so placed as to secure the efficient 
lighting of every part of the interior of the cowshed. 

3. The ventilation of dairies shall be sufficient to maintain therein 
at all times a sweet and wholesome atmosphere ; and the air which 
is admitted must not be contaminated from any source, such as 
by communication with an apartment used for the living and 
sleeping purposes of mankind, or the neighbourhood of a manure 
heap or other nuisance ; and the ventilation of cowsheds shall be 
sufficient for the health and good condition of the cattle therein, 
and shall be by a through draught from the opposite openings in 
the walls, and ventilators in the roof. The air-space for each animal 
therein shall not be less than 500 cubic feet, except that in the case 
of byres erected subsequent to January, 1890, the air-space for 
each animal stalled therein shall not be less than 800 cubic feet ; 
and in no case shall any space of a greater height than 16 feet from 
the floor be included in the estimation of cubic space. 

4. The floor of every dairy or cowshed shall be constructed of 
stone, concrete, or other impervious material, well laid, and shall 
have sufficient fall to outlet at doors or elsewhere. The surface 
drainage shall be by channels of asphalt, or flagstone, set in 
cement, or a bed of concrete, well laid, with a proper fall towards 
a gully, which shall be situated outside the shed, and which 
shall be properly trapped and connected with a public sewer 
by an adequate drain of spigot and faucet pipes with cement 
joints. 

5. The inner walls of every dairy or cowshed shall be covered 
with a hard, smooth, impervious material, such as concrete or 
cement, extending to a height of not less than 6 feet from the 
floors ; and every such dairy or cowshed shall be provided with 



REGULATIONS AS TO DAIRIES, COWSHEDS, ETC. 215 

properly shaped troughs, constructed of some hard, impervious 
material, such as enamelled earthenware. The stalls for single 
cows shall not be less than 4 feet in width, and a double stall for 
two cows shall not be less than 7 feet in width ; and, generally, pro- 
vision must be made to the satisfaction of the said local authority, 
or their inspector, for the constant admission of an abundant 
supply of fresh air and the removal of polluted air. The trevasses 
of the stalls shall be of pavement stone, iron, or other impervious 
material. 

6. The whole premises in and about every dairy or cowshed shall 
be kept in a proper state of repair and thoroughly clean and in good 
order ; and every cowshed shall be provided with a proper hydrant 
for the effective flushing of the same. 

7. The floors, troughs, and other parts of every such cowshed as are 
readily soiled shall be thoroughly cleansed twice every day — viz., 
before 9 a.m. and after 4 p.m. The cattle therein shall be always 
provided with sufficient clean bedding. The surface of the yard, 
court, or curtilage of every dairy or cowshed shall be kept in such 
a condition and so drained as to be easily cleansed, and every 
such yard, court, or curtilage shall be kept in a clean and whole- 
some condition. 

8. The inside walls and ceiling of every dairy and cowshed shall 
be thoroughly cleansed and lime-washed twice in each year — viz., 
in the months of April and October — and at such other times as the 
local authority may direct. The lime- wash shall be made from 
good, freshly-burned lime, mixed with water, and prepared imme- 
diately before use. 

9. A sufftcient dung-pit, or receptacle for dung and other refuse, 
shall be provided in a proper situation outside the dairy or cow- 
shed, and at an adequate distance from it, and shall be constructed 
in its bottom and sides of smooth, hard material, impervious to 
moisture, and properly drained. 

10. All manure and refuse from every dairy and cowshed, and 
the yard, court, or curtilage, shall at each time of cleansing the same 
be at once deposited in the dung-pit to be provided under the 
immediately preceding regulation, and the contents of the dung-pit 
shall be removed therefrom once every week at least, or as often as 
required by the local authority. 

11. The water-supply for all dairies and cowsheds shall be pro- 
cured from the public water-supply. Due precautions must be 
taken and diligently observed that such water shall not become 
in any way polluted or contaminated. 



2i6 MEAT AND FOOD INSPECTION 



(c) Fop securing" the Cleanliness of Milk-stores, Milkshops, 
and of Milk-vessels used for containing" Milk for Sale 
by such Persons. 

12. Every milk-store, milkshop, or place where milk is kept or pur- 
veyed, shall be maintained in a state of perfect cleanliness and repair. 

13. The walls and ceilings of every milk-store and milkshop shall 
be thoroughly cleansed as often as may be required by the local 
authority. Where the walls or ceilings are lime-washed or size- 
coloured, the lime-wash or size-colour shall be renewed at least 
every six months ; and where the walls are painted or varnished, 
such walls shall be washed as often as required by the local authority, 
and the paint or varnish shall be renewed at least every two years. 
No paper shall be allowed on the walls unless it is sufficiently 
varnished, or otherwise so prepared as to permit of its being 
thoroughly washed. 

14. The floors, shelves, counters, and fittings of every milk-store 
and milkshop shall be washed at least once daily, and no cleansing, 
sweeping, or dusting shall be carried on without suitably protecting 
all milk vessels therein from the entrance of dust. 

15. No purveyor of milk, or person selling milk by retail, shall 
allow the milk-vessels to be used for drinking milk or for any pur- 
pose whatsoever other than the conveyance, storage, and distri- 
bution of milk. 

16. Every such vessel, including bungs, bung-cloths, lids, sieves, 
and filters, shall each time, immediately after being used, be 
thoroughly washed, and thereafter scalded with boiling water or 
steam under pressure, and finally dripped, so that no water shall be 
left therein. 

17. No pot, boiler, tank, steam-chest, or other receptacle used for 
scalding or washing the milk-vessels, cans, etc., shall be used for 
washing or boiling bed or body clothes, or for any other purpose 
likely to cause contamination of the milk. 



{d) For prescribing" Precautions to be taken by Purveyors 
of Milk and Persons selling- Milk by Retail agrainst 
Infection or Contamination. 

18. A purveyor of milk, or person selling inilk by retail, shall not 
use as bedding for the cows or other animals in any cowshed, and 
shall not keep or store therein, any material which has been pre- 
viously used as bedding for horses or other animals, nor any wool, 
jute, tow, or flax refuse, sawdust, or other material which is likely 
to cause contamination of the milk. 



REGULATIONS AS TO DAIRIES, COWSHEDS, ETC. 217 

19. The cows in every dairy shall be kept clean, and the flanks, 
udders, and teats of the cows, and the hands of the milkers, shall 
be properly cleansed before milking is commenced ; and the milk 
shall be at once filtered, by passing it through a sieve, so as to free 
it from all foreign matter. All milk shall be removed without 
delay from every cowshed or byre, and no milk vessels shall be 
retained, stored, or filled within the byre, other than those actually 
in use for the time being in milking the animals. 

20. Every dairjmian, purveyor of milk, or person selling milk by 
retail, shall cause all those employed or engaged in the business to 
keep their persons and clothing at all times in a thoroughly clean con- 
dition, and shall adopt every known and reasonable precaution to 
provide against and prevent infection or contamination of the milk. 

21. No purveyor of milk, or person selling milk by retail, who, 
while suffering from any contagious disease or affection of the hands 
or skin likely to lead to contamination of the milk, shall engage, or 
permit any person in his employment who may be so suffering to 
engage, in any operation connected with the production, handling, 
or sale of milk, or expose himself or permit such others in his employ- 
ment to expose themselves in any place where milk is produced, 
exposed for sale, stored, or kept. 

22. No purveyor of milk, or person selling milk by retail, shall 
keep milk for sale in any place where it would be liable to become 
infected or contaminated by gases or effluvia arising from any 
sewer, drain, cesspool, or closet, or by any effluvia from putrid or 
offensive substances, or by impure air, or by any offensive or 
deleterious gases or substances. 

23. No purveyor of milk, or person selling milk by retail, shall 
convey or carry, or permit to be conveyed or carried, through the 
milk-store or milkshop any excrementitious or offensive matter, or 
any soiled bed or body clothing. 

24. No purveyor of milk, or person selling milk by retail, shall 
keep or store milk for sale in any apartment used for mangling 
clothes, or as a dwelling-room or sleeping apartment. 

25. A purveyor of milk, or person selling milk by retail, shall 
not allow any milk-store, milkshop, dairy, or other place where 
milk is stored or exposed by him for sale to have internal com- 
munication by a door, window, room, passage, or otherwise with a 
dwelling-room or sleeping apartment. 

26. No dairy, milkshop, or milk-store, or any place connected 
and communicating therewith, shall contain any article or have any 
operation carried on therein, which may tend to contaminate the milk. 

27. No purveyor of milk, or person selling milk by retail, shall 
wash, or scald, or keep any milk-vessel or utensil in any byre, 
dwelling-room, or sleeping apartment, or in any apartment used 
for mangling, washing, or boiling bed or body clothing, or in any 



21 8 MEAT AND FOOD INSPECTION 

boiler, tub, sink, or other receptacle which is used in such process ; 
and no purveyor or person selling milk by retail shall, in any apart- 
ment, or adjoining apartment, where milk is exposed, or where 
milk-vessels are washed or kept, mangle or wash, or permit any 
other person to mangle or wash, any bed or body clothing, or hang 
up such clothing to dry therein. 

28. No milkshop or milk-store shall be in communication, directly 
or through any apartment, or any enclosed passage, with any cow- 
shed, or any place where animals of any kind are kept. 

29. No animals of any kind shall be kept within any milkshop 
or milk-store. 

30. No swine or fowls shall be kept within any cowshed. 

31. A purveyor of milk, or person selling milk by retail, shall 
not keep, or permit to be kept, in any dairy or cowshed where 
cows are stalled whose milk is sold or used for human food, any cow 
or other animal suffering from any disease which might render such 
milk liable to infection or contamination. 

32. A purveyor of milk, or person selling milk by retail, shall 
cause every cowshed or stall in any dairy where any cow or other 
animal suffering from any disease which might render the milk 
liable to infection or contamination has been stalled to be forth- 
with, on the removal of the cow or other animal so suffering, 
thoroughly cleansed and disinfected. 

33. The milk from any cow so suffering shall not be mixed with 
the milk from healthy cows. 

34. No infected article shall be taken into or through any part 
of a dairy, cowshed, milkshop, or milk-store, or premises used in 
connection therewith. 

35. No purveyor of milk, or person selling milk by retail, shall 
convey, or permit to be conveyed, by any cart or other vehicle 
used in the conveyance or distribution of milk, either while so 
engaged or at any other time, any article or thing which is of such 
a nature as to be likely to contaminate the milk. 



THE CATTLE-SHEDS IN BURGHS 
(SCOTLAND) ACT, 1866 

An Act to regttlate the inspection of cattle-sheds, cow-houses, and 
byres within burghs and populous places in Scotland. 

1. This Act may be cited as the ' Cattle-sheds in Burghs (Scot- 
land) Act, 1866.' 

2. The words ' cattle-sheds,' ' cow-houses,' and ' byres,' shall 



THE CATTLE-SHEDS IN BURGHS (SCOTLAND) ACT, 1866 219 

mean and include every house, building, shed, yard, or other 
enclosed place or premises in which bulls, cows, heifers, oxen, or 
calves are kept or intended to be kept. 

3. The magistrates of royal burghs, and also of parliamentary 
burghs, in Scotland shall have power to require, and shall require, 
all cattle-sheds and cow-houses and byres within their burghs to 
be inspected by an officer appointed by them, and if found to be 
suitable for such purpose, to be licensed by them for the period of 
one year ; and the magistrates shall likewise have power from time 
to time to make rules and regulations for the proper sanitary 
condition of the same, and to fix and determine in each licence the 
number of cattle which may be kept in such cattle-shed, or cow- 
house, or-byre ; and if any person shall keep any cattle within any 
burgh without such inspection and licence, or of any of the rules 
and regulations made by the magistrates, he shall, on conviction 
before any two of them, be subjected to a penalty not exceeding 
five pounds for each such offence, and a like penalty for every day 
after the conviction for such offence upon which such offence is 
continued. 

4. In the case of burghs (other than royal and parliamentary 
burghs) and populous places in Scotland which have adopted the 
whole or portions of the Police and Improvement (Scotland) Act, 
1862, or, previously to the passing of the said Act of 1862, had 
adopted the whole or any parts of the Police of Towns (Scotland) 
Act, 1850, the Commissioners under the said Acts shall have power 
to require, and shall require, all cattle-sheds and cow-houses and 
byres within such burghs or populous places to be inspected by an 
officer appointed by them, and, if found to be suitable for such pur- 
pose, to be licensed by them for the period of one year ; and the 
Commissioners shall likewise have power from time to time to make 
regulations and rules for the proper sanitary condition of the same, 
and to fix and determine in each licence the number of cattle 
which may be kept in each cattle-shed or cow-house, or byre ; and 
if any person shall keep any cattle within any burgh or populous 
place without such inspection and licence, or shall violate any of 
the conditions of such licence, or any part of the rules and regula- 
tions made by the Commissioners, he shall, on conviction before the 
magistrates, be subjected to a penalty not exceeding five pounds 
for each such offence, and a like penalty for every day after the 
conviction for such offence upon which such offence is continued. 

5. The magistrates before whom any person is convicted of non- 
observance of any of the regulations made by virtue of this Act 
may, as often as they shall see cause, give notice in writing requiring 
the owner or occupier of such cattle-shed, cow-house, or byre to 
make such sanitary improvements in the same as they shall direct 
within a period of one month from the date of such written notice ; 



220 MEAT AND FOOD INSPECTION 

and in any case of non-compliance with or disobedience to such 
notice may, in addition to the penalty imposed on such person 
under the authority of this Act, suspend, for any period not exceed- 
ing one month, the licence granted to such person under this Act ; 
and such magistrates may, upon the conviction of any person for 
a second or other subsequent like offence, in addition to the penalty 
imposed under authority of this Act, declare the licence granted 
under this iVct revoked ; and whenever the licence of any such 
person is revoked as aforesaid, the magistrates or the Commis- 
sioners may refuse to grant any licence whatsoever to the person 
whose licence has been so revoked. 

6. Every licence granted under this Act shall continue in force 
for the period of one year from the granting thereof, except it shall 
be suspended or revoked under this Act ; and no fee or reward shall 
be taken for any such licence ; and such licence shall be required 
to be renewed once in every year ; and if any person shall use any 
cattle-shed, cow-house, or byre in any burgh or populous place 
without a licence, he shall be liable for each offence to a penalty not 
exceeding five pounds, of which offence the fact that bulls, oxen, 
or calves have been taken into such place shall be deemed sufficient 

• prima facie evidence. 

7. After May 15, 1867, fourteen days' clear notice in writing shall 
be given to the magistrates or the Commissioners of the intention 
to apply for a licence. 



CATTLE-SHEDS, COW-HOUSES, AND BYRES 

Rviles and Regulations made by the Magistrates of the Burgh of Leith, 
under and for the purposes of the Cattle-sheds in Burghs (Scot- 
land) Act, 1866, within the Burgh of Leith. 

1. No cattle-shed, cow-house, or byre, within the burgh shall 
be used as such until it has been inspected by an officer appointed 
by the magistrates, and found suitable for the purpose, and licensed. 

2. Before a licence for any cattle-shed, cowhouse, or byre can 
be granted, fourteen days' notice of the intention to apply for such 
licence shall be given, in writing, to the magistrates (as required 
by Section 7 of the Act), through the town clerk. 

3. All licences must be applied for in time for the annual court 
or meeting held by the magistrates, on the first Thursday of May, 
at twelve o'clock noon ; and any licence granted at that time shall 
continue for one year, except it be suspended or revoked under the 
said Act ; but should, in any special circumstances, a licence be 



CATTLE-SHEDS, COW-HOUSES, AND BYRES 221 

granted at any other period of the year, the same shall continue 
only, unless so suspended or revoked, until the next annual court, 
as above mentioned. 

4. No licence shall be granted until the magistrates are satisfied 
that proper provision has been made for the lighting, ventilation, 
and air-space, and for the cleansing, drainage, and water-supply of 
the cattle-shed, cow-house, or byre. 

5. In every cattle-shed, cow-house, or byre not licensed at the 
date of these rules, the air-space for each cow or other animal shall 
not be less than 800 cubic feet ; and where such a cattle-shed, cow- 
house, or byre shall be licensed to contain more than twelve animals, 
the cattle-shed, cowhouse, or byre must be so structurally divided, 
by wall feuilt of stone or brick carried i foot above the roof, as 
that no more than twelve cows shall be in contact with each 
other. 

6. As regards cattle-sheds, cowhouses, or byres licensed at the 
date of these rules and regulations, the magistrates reserve power 
to deal with these, as regards air-space, as they deem proper ; but 
in no such case shall the space for each animal be less than 500 cubic 
feet. 

7. In all cattle-sheds, cow-houses, or byres, every stall shall 
have a length of not less than 8 feet ; stalls containing one animal 
only shall have a width of not less than 4 feet ; and those containing 
two animals shall have a width of not less than 7 feet ; and the 
divisions of stalls, if close-boarded, shall not exceed 4 feet 6 inches 
in height. 

8. The inner walls of every cattle-shed, cow-house, or byre, con- 
structed after the date of these regulations, shall be built of, or 
covered with, an impervious material, such as hard-burned brick, 
or concrete, or cement, which shall extend to a height of not less 
than 6 feet above the level of the floor. 

9. The floors and channels of all cattle-sheds, cow-houses, or 
byres must be well formed of suitable and thoroughly non-absorbent 
material, and these shall be laid with a sufficient slope towards a 
gulley-hole, properly trapped, outside the byre proper, which shall 
further be connected by glazed pipes with the public sewer or other 
sufficient drain. 

10. Every cattle-shed, cow-house, or byre shall be kept well and 
sufficiently lighted, to the satisfaction of the magistrates. 

11. Every cattle-shed, cow-house, or byre shall be thoroughly 
ventilated by louvred ventilators in the roof, or by louvred openings 
in each of opposite walls, so as to effect a through current of air, or 
by some other effective method of ventilation approved by the 
magistrates. 

12. Every stall shall be provided with a trough-manger for each 
animal therein, which manger shall be of glazed earthenware, or 



222 MEAT AND FOOD INSPECTION 

other material approved by the magistrates, and shall be so fixed 
as to allow of its being readily cleansed. 

13. In every case in which a loft exists above the stalls, there 
shall be a clear space not of less than 2 feet wide left above the 
heads of the cows, separated from the loft by a wooden or other 
partition, and communicating with ventilators either in the roof or 
outer wall. Straw or other like material shall not be placed on 
open rafters or stages over the stalls. 

14. Every cattle-shed, cow-house, or byre shall be provided with 
a properly constructed box or trough for holding any brewers' 
grains intended for the animals therein ; which box or trough 
shall be systematically cleaned out, and shall not be within the 
byre proper. 

15. Every cattle-shed, cow-house, or byre shall have suitable 
places or receptacles into which the dung and litter shall be put ; 
and such places or receptacles shall be constructed of, or lined with, 
impervious material, and shall be properly drained ; but no such 
places or receptacles shall be within, or communicate directly with, 
the byre proper. 

16. The walls, and every part of cattle-sheds, cow-houses, or 
byres shall be kept thoroughly clean, and in good order and repair, 
and in thoroughly wholesome condition ; and the walls shall be 
thoroughly washed with good fresh-burned lime at least twice in 
each year — namely, in March and October — and on special occa- 
sions when deemed necessary by the magistrates. 

17. Sufficient bedding shall be provided for the animals, and the 
animals shall be kept clean and dry. 

18. All dung and other offensive matter must be swept up and 
removed from the byre proper at least twice a day. 

ig. The receptacle before mentioned, or dungstead, shall be 
emptied of its contents and removed from the premises at least 
once a fortnight, or oftener if required by the magistrates. 

20. Yards or courts shall be properly paved, channelled, and 
drained, and kept clean, and no material or lumber, other than 
what is necessary, shall be stored or allowed to remain therein. 

21. Every cattle-shed, cow-house, or byre must be abundantly 
supplied with pure water for the use of the animals, and other- 
wise for the conduct of the business, and must be provided with 
proper appliances for regularly and effectually maintaining cleanli- 
ness therein. 

22. The magistrates and their inspector, or other person author- 
ized by the magistrates, shall have free access to every part of the 
business premises at all reasonable hours. 

23. No cattle-shed, cowhouse, or byre shall be allowed to have 
a dairy, milkshop or milk-house within the byre proper or directly 
communicating therewith. 



BURGH POLICE (SCOTLAND) ACT, 1903 223 

24. No person occupying a cattle-shed, cow-house, or byre shall 
allow any person suffering from an infectious disease, or living in 
a house where such disease exists, to enter the cattle-shed, cow- 
house, or byre, or in any way to assist in the conduct of the business, 
during the continuance of such disease, or until all danger of the 
spread of infection shall have ceased. 

25. Previous rules and regulations by the magistrates are hereby 
rescinded. 



BURGH POLICE (SCOTLAND) ACT, 1903 

Supply of Milk from Diseased Cows. 

83. In the sections of this Act under the heading ' Supply of Milk 
from Diseased Cows,' the expressions ' dairy,' ' dairyman,' ' district,' 
' local authority,' and ' medical officer ' shall respectively have the 
same meanings as in the Public Health (Scotland) Act, 1897 ; and 
the expression ' veterinary surgeon ' shall mean a member of the 
Royal College of Veterinary Surgeons approved by the local 
authority for the purposes of the said sections. 

84. — (i) Every person who knowingly sells, or suffers to be sold, 
or used for human consumption within the burgh, the milk of any 
cow which is suffering from tuberculosis of the udder, shall be 
liable to a penalty not exceeding ten pounds. 

(2) Any person the milk of the cows in whose dairy is sold, or 
suffered to be sold, or used for human consumption within the 
burgh, who, after becoming aware that any cow in his dairy is 
suffering from tuberculosis of the udder, keeps, or permits to be 
kept, such cow in any field, shed, or other premises along with other 
cows in milk, shall be liable to a penalty not exceeding five pounds. 

(3) Every dairyman who supplies milk within the burgh, and 
has in his dairy any cow affected with, or suspected of, or exhibit- 
ing signs of, tuberculosis of the udder, shall forthwith give written 
notice of the fact to the medical officers of the burgh and of the 
district in which such dairy is situated, stating his name and 
address and the situation of the dairy or premises where the cow is. 

Any dairyman failing to give such notice shall be liable to a 
penalty not exceeding forty shillings. 

85. It shall be lawful for the medical officer of the burgh or any 
person provided with, and, if required, exhibiting, the authority in 
writing of such medical officer, to take within the burgh for exami- 
nation samples of milk produced or sold, or intended for sale, 
within the burgh. 



224 MEAT AND FOOD INSPECTION 

86. — (i) If milk from a dairy situate within the burgh is being 
sold, or suffered to be sold, or used within the burgh, the medical 
officer of the burgh, or any person provided with, and, if required, 
exhibiting, the authority in writing of the medical officer of the 
burgh, may, if accompanied by a veterinary surgeon, at all reason- 
able hours enter the dairy and examine the cows kept therein ; 
and if the medical officer of the burgh or such person has reason 
to suspect that any cow in the dairy is suffering from tuberculosis 
of the udder, he may require the cow to be milked in his presence, 
and may take samples of the milk, and the milk from any par- 
ticular teat shall, if he so requires, be kept separate, and separate 
samples thereof shall be furnished. 

(2) If the medical officer of the burgh is of opinion that tubercu- 
losis is caused, or is likely to be caused, to persons residing in the 
burgh from consumption of the milk supplied from a dairy situate 
within the burgh, or from any cow kept therein, he shall report 
thereon to the burgh local authority, and his report shall be accom- 
panied by any report furnished to him by the veterinary surgeon, 
and the burgh local authority may thereupon serve on the dairy- 
man notice to appear before them within such time, not less than 
twenty-four hours, as may be specified in the notice, to show cause 
why an order should not be made requiring him not to supply any 
milk from such dairy within the burgh until the order has been 
withdrawn. 

(3) If, in their opinion, the dairyman, being a dairyman whose 
dairy is situated within the burgh, fails to show cause why such an 
order may not be made as aforesaid, the burgh local authority may 
make the said order, and shall forthwith serve notice of the facts 
on the Local Government Board for Scotland. 

(4) The said order shall be forthwith withdrawn on the burgh 
local authority or their medical officer being satisfied that the 
milk-supply has been changed, or that it is not likely to cause 
tuberculosis to persons residing in the burgh. 

8y. — {1) If the medical officer of the burgh has reason to believe 
that milk from any dairy situate outside the burgh from which 
milk is being sold, or suffered to be sold or used, within the burgh 
is likely to cause tuberculosis to persons residing within the burgh, 
the medical officer of the burgh shall forthwith intimate the same to 
the medical officer of the local authority of the district in which 
such dairy is situate, and the medical officer of such local authority, 
or some person provided with and, if required, exhibiting his 
authority in writing, accompanied by a veterinary surgeon, shall 
be bound forthwith to examine the cows therein, and if the medical 
officer of such local authority, or person authorized by him as afore- 
said, has reason to suspect that any cow in the dairy is suffering 
from tuberculosis of the udder, he may require the cow to be milked 



BURGH POLICE (SCOTLAND) ACT, 1903 225 

in his presence, and may take samples of the milk, and the milk 
from any particular teat shall, if he so requires, be kept separate, 
and separate samples thereof furnished, previous notice of the time 
of such examination having been given to the burgh local authority 
in order that the medical officer of the burgh or a veterinary sur- 
geon may, if they so desire, be present at the examination, and the 
medical officer of the local authority of such district shall forthwith 
report the results of the examination, accompanied by the report 
of the veterinary surgeon (if any), to that local authority, or any 
committee of that local authority, appointed under Section 14 of 
the Public Health (Scotland) Act, 1897, and shall also furnish a 
copy of such report to the burgh local authority. 

(2) Thejocal authority of such district or any committee of the 
local authority appointed as aforesaid shall, unless the medical 
officers of the district and the burgh are both satisfied that there 
is at the dairy no cow suffering from tuberculosis of the udder, 
meet forthwith and consider the report or reports, together with 
any other evidence that may be submitted by the parties con- 
cerned, previous notice of not less than twenty-four hours of their 
meeting and of the purpose thereof having been given to the dairy- 
man and to the burgh local authority, and shall either make an 
order requiring the dairyman not to supply any milk from such 
dairy until the order has been withdrawn, or resolve that no such 
order is necessary, and in the event of their making an order, shall 
forthwith serve notice of the facts on the Local Government Board 
for Scotland and on the burgh local authority. 

(3) Where proceedings are taken or any order is made or refused 
to be made under this section by the local authority of a district 
other than a burgh, it shall not be competent to appeal against 
the said proceedings or against the said order to the county 
council. 

(4) The local authority may require the dairyman not to supply 
milk either within or without the district, and shall give notice of 
the fact to the local authority of any district within which they 
believe milk to be supplied from such dairy. 

(5) Any such order shall be forthwith withdrawn on the local 
authority or their medical officer on their behalf being satisfied that 
the milk from the dairy is no longer likely to cause tuberculosis 
to persons ; but notice shall be given to the burgh local authority 
of any proposal to withdraw the order, and an opportunity given 
to them of being heard and submitting evidence before the order is 
withdrawn. 

88. — (i) If any person, after an order under either of the two pre- 
ceding sections has been made, supplies any milk or sells it for 
consumption, in contravention of the order, he shall be liable to a 
penalty not exceeding five pounds, and, if the offence continues, 

15 



226 MEAT AND FOOD INSPECTION 

to a further penalty not exceeding forty shillings for every day 
during which the offence continues. 

(2) A dairyman shall not be liable to an action for breach of con- 
tract if the breach be due to an order under either of the two pre- 
ceding sections. 

(3) Every dairyman and the persons in his employment shall 
render such reasonable assistance to the medical officer or such 
authorized person or veterinary surgeon as aforesaid as may be 
required by such medical officer, person, or veterinary surgeon for 
all or any of the purposes of the two preceding sections, and any 
person refusing such assistance or obstructing such medical officer, 
person, or veterinary surgeon in carrying out the purposes of such 
sections shall be liable to a penalty not exceeding five pounds. 

(4) It shall be open to the local authority, or any dairyman 
aggrieved by any resolution or order, or withdrawal of order, 
under either of the two preceding sections, to appeal in a summary 
manner to a sheriff having jurisdiction in the district in which the 
dairy is situate, and the sheriff may either make an order requiring 
the dairyman to cease from supplying or selling milk, or may vary 
or rescind, or continue any order which has been made, and he may 
at any time withdraw any order made under either of the two pre- 
ceding sections. Pending the disposal of any such appeal, the order 
shall remain in force. 

89. If an order is made without due cause, or if the local authority 
unreasonably refuse to withdraw the order, the dairyraian shall, if 
not himself in default, be entitled to recover from the local authority 
making the order full compensation for any damage which he has 
sustained by reason of the making of the order, or of the refusal 
of the local authority to withdraw the order, and the sheriff may 
determine and state whether an order the subject of appeal has been 
made without due cause, whether the local authority have un- 
reasonably refused to withdraw the order, and whether the dairyman 
has been in fault. 

90. All expenses incurred by the local authority in pursuance of 
any section of this Act under the heading of ' Supply of Milk from 
Diseased Cows ' shall be chargeable on the public health general 
assessment leviable under the Public Health (Scotland) Act, 1897, 
and the local authority may also charge on the same rate any 
expenses incurred by them in the application by a veterinary sur- 
geon of the tuberculin or other reasonable test for the purpose of 
discovering tuberculosis to any cow whose milk is, or was recently, 
being supplied within the district ; provided that no such test 
shall be applied except with the previous consent of the owner of 
such cow. 

91. The town council shall cause to be given public notice of the 
effect of the provisions of this Act relating to supply of milk from 



BURGH POLICE (SCOTLAND) ACT, 1903 227 

diseased cows by advertisement in a newspaper circulating in the 
burgh, and by handbills, and otherwise in such manner as they 
think sufficient, and the said provisions shall come into operation 
at such time, not being less than one month after the first publica- 
tion of such advertisement as aforesaid, as the town council may fix. 
92. Penalties imposed by any section of this Act under the 
heading ' Supply of Milk from Diseased Cows ' shall be recoverable 
in any court having summary jurisdiction where the dairy in ques- 
tion is situated, at the instance of the local authority or of any 
public prosecutor in such court. 



15—2 



i 



PUBLIC HEALTH (IRELAND) ACT, 1878 



Unsound Meat, etc. 

SECTIONS 132-136 

Any sanitary officer of the sanitary authority may at all ', 
reasonable times inspect and examine any animal, carcass, meat, , 
poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk, 
or butter exposed or being conveyed for sale, or deposited in any , 
place for the purpose of sale, or of preparation for sale, and intended 
for the food of man, the proof that the same was not exposed or i 
being conveyed or deposited for any such purpose, or was not i 
intended for the food of man, resting with the party charged ; and j 
if any such animal, carcass, meat, poultry, game, flesh, fish, fruit, I 
vegetables, corn, bread, flour, milk, or butter appears to such i 
sanitary officer to be diseased, or unsound, or unwholesome, or unfit fj 
for the food of man, he may seize and carry away the same himself, ' 
or by an assistant, in order to have the same dealt with by a justice ; 
and should he seize the same in a public thoroughfare, may re- 
quire the person conveying the same to give his own name and 
address and that of the owner of the article seized, and in default, 
or if the officer have reasonable ground for suspecting the names or ^^ 
addresses so given to be false, may detain such person and give him i 
into custody until his real name and address be ascertained. Any 'I 
person giving a false name or address to any officer authorized to 
demand the same under this section shall be liable to a penalty not 
exceeding five pounds. 

133. If it appears to the justice that any animal, carcass, meat, 
poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk, ; 
or butter so seized is diseased, or unsound, or unwholesome, or unfit t] 
for the food of man, he shall condemn the same, and order it to be 1] 
destroyed or so disposed of as to prevent it from being exposed for 1; 
sale or used for the food of man ; and the person to whom the same • 
belongs, or did belong at the time of exposure or conveyance fori 
sale, or in whose possession or on whose premises the same wasi 

228 

I 



PUBLIC HEALTH (IRELAND) ACT, 1878 229 

found, shall be liable to a penalty not exceeding twenty pounds for 
every animal, carcass, or fish, or piece of meat, flesh, or fish, or any 
poultry or game, or for the parcel of fruit, vegetables, corn, bread, 
or flour, or for the milk or butter so condemned, or at the discretion 
of the justice, without the infliction of a fine, to imprisonment for a 
term of not more than three months. 

The justice who, under this section, is empowered to convict the 
offender may be either the justice who may have ordered the article 
to be disposed of or destroyed, or any other justice having juris- 
diction in the place. 

134. Any person who in any manner prevents any sanitary officer 
or other person duly authorized by the sanitary authority of the 
sanitary district from entering any premises in such district and 
inspecting any animal, carcass, meat, poultry, game, flesh, fish, 
fruit, vegetables, corn, bread, flour, milk, or butter, exposed or 
deposited for the purpose of sale, or of preparation for sale, 
and intended for the food of man, or who obstructs or impedes 
any such officer or person, when carrying into execution the pro- 
visions of this Act, shall be liable to a penalty not exceeding five 
pounds. 

135. On complaint made on oath by a sanitary officer, or other 
person duly authorized by a sanitary authority, any justice may 
grant a warrant to any such officer or person to enter any building, 
or part of a building, in which such officer or person has reason 
for believing that there is kept or concealed any animal, carcass, 
meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, 
milk, or butter which is intended for sale for the food of man, and 
is diseased, unsound, or unwholesome, or unfit for the food of man ; 
and to search for, seize, and carry away any such animal or other 
article in order to have the same dealt with by a justice under the 
provisions of this Act. 

Any person who obstructs any such officer or person in the per- 
formance of his duty under such warrant shall, in addition to any 
other punishment to which he may be subject, be liable to a penalty 
not exceeding twenty pounds. 

136. The grand jury of any county may, for the purpose of 
providing for the due execution of the Sale of Food and Drugs Act, 
1875, from time to time, without previous application to present- 
ment sessions, present in advance such moneys as may in their 
opinion be necessary, and the treasurer, or any person discharging 
the duties of treasurer, or finance committee of such county may, 
out of any money in his or their hands raised in pursuance of 
any such presentment, from time to time advance to any inspector 
of weights and measures or police constable such sums as he or 
they may think necessary for the purpose aforesaid. 



230 MEAT AND FOOD INSPECTION 

Markets and Slaug-hter-houses. 

SECTIONS 103-106. 

Any urban authority shall have power, at a meeting specially 
convened for the purpose, of which not less than thirty days' 
public notice has been given, and at which not less than two-thirds 
of the members are present, and so that a clear majority of the 
entire body concurs, and that the Local Government Board approves, 
to do the following things, or any of them, within their district : 

To provide a market-place and construct a market-house and 

other conveniences for the purpose of holding markets ; 
To provide houses and places for weighing carts ; 
To make convenient approaches to such market ; 
To provide all such matters and things as may be necessary for 

the convenient use of such market ; 
To purchase or take on lease or otherwise land or the right to 

use land, and public or private rights in markets and tolls 

for any of the foregoing purposes ; 
To take stallages, rents, and tolls in respect of the use by any 

person of such market ; 

but no market shall be established in pursuance of this section so as 
to interfere with any rights, powers, or privileges enjoyed within 
the district by any person without his consent. 

For the purpose of enabling any urban authority to establish 
or to regulate markets, there shall be incorporated with this Act 
the provisions of the Markets and Fairs Clauses Act, 1847, in so 
far as the same relate to markets — that is to say : 

With respect to the holding of the market or fair, and the pro- 
tection thereof ; and 

With respect to the weighing goods and carts ; and 

With respect to the stallages, rents, and tolls ; 
provided that all tolls leviable by an urban authority in pursuance 
of this section shall be approved by the Local Government Board. 

An urban authority may with respect to any market belonging 
to them make by-laws for any of the purposes mentioned in Sec- 
tion 42 of the Markets and Fairs Clauses Act, 1847, so far as those 
purposes relate to markets, and printed copies of any by-law so 
made shall be conspicuously exhibited in the market. 

104. Any urban authority may purchase, and the directors of any 
market company, in pursuance, in the case of a company registered 
under the Companies Act, 1862, of a special resolution of the mem- 
bers passed in manner provided by that Act, and in the case of 
any other company, of a resolution passed by a majority of three- 
fourths in number and value of the members present, either per- 



PUBLIC HEALTH (IRELAND) ACT, 1878 231 

sonally or by proxy, at a meeting specially convened with notice of 
the business to be transacted, may sell and transfer to any urban 
authority, on such terms as may be agreed on between the company 
and the urban authority, all the rights, powers, and privileges, and 
all or any of the markets, premises, and things which at the time 
of such purchase are the property of the company, but subject to 
all liabilities attached to the same at the time of such purchase. 

105. Any urban authority may, if they think fit, provide slaughter- 
houses, and they shall make by-laws with respect to the management 
and charges for the use of any slaughter-houses so provided. 

For the purpose of enabling any urban authority to regulate 
slaughter-houses within their district the provisions of the Towns 
Improvement Clauses Act, 1847, with respect to slaughter-houses 
shall be incorporated with this Act. 

Nothing in this section shall prejudice or affect any rights, powers, 
or privileges of any persons incorporated by any local Act in force 
at the time of the passing of this Act for the purpose of making 
and maintaining slaughter-houses. 

Any urban authority may make by-laws for the decent and 
seemly conveyance of meat through the public thoroughfares. 

106. The owner or occupier of any slaughter-house licensed or 
registered under this Act shall, within one month after the licensing 
or registration of the premises, affix, and shall keep undefaced and 
legible on some conspicuous place on the premises, a notice with 
the words ' Licensed Slaughter-house/ or * Registered Slaughter- 
house,' as the case may be. 

Any person who makes default in this respect, or who neglects or 
refuses to affix or renew such notice after requisition in writing from 
the urban authority, shall be liable to a penalty not exceeding five 
pounds for every such offence, and of ten shillings for every day 
during which such offence continues after conviction. 



THE LOCAL GOVERNMENT BOARD FOR 
IRELAND 

General Order in fiiirsuance of the Contagious Diseases 
{Animals) Acts, 1878 and 1886. 

Now therefore we, the Local Government Board for Ireland, by 
virtue and in exercise of the powers vested in us under the principal 
Act and the Contagious Diseases (Animals) Act of 1886, do hereby 
order as follows : 

I. Every regulation made under the said Article 7 of the Order 



232 MEAT AND FOOD INSPECTION 

of 1879, and under our General Order, dated the 7th day of July, 
1886, shall be published by advertisement in a newspaper circulating 
in the district of the local authority. 

2. The local authority shall send to us a copy of every such 
regulation, and of every order of the nature of a regulation made by 
them pursuant to Article 12 of the Order of 1879, ^o^ ^^ss than one 
month before the date named in such regulation or order for the same 
to come into force. 

3. If at any time we are satisfied on inquiry with respect to any 
such regulation or order of the nature of a regulation, that the same 
is of too restrictive a character or otherwise objectionable, and 
direct the revocation thereof, the same shall not come into opera- 
tion, or shall thereupon cease to operate, as the case may be. 

4. Any question arising as to what are orders of the nature of 
regulations within the meaning of the foregoing Articles, numbered 
2 and 3, shall be determined by us, and such determination shall be 
conclusive. 

5. If any person is guilty of an offence against the Order of 1879, 
he shall for every such offence be liable to a penalty of five pounds, 
and in the case of a continuing offence to a further penalty of 
forty shillings for each day after written notice of the offence from 
the local authority. 

Provided, nevertheless, that the justices or court before whom 
any complaint may be made, or any proceedings may be taken in 
respect of any such offence, may, if they think fit, adjudge the 
payment as a penalty of any sum less than the full amount of the 
penalty imposed by this Order. 

6. In this Order the expression ' local authority ' means an urban 
or rural sanitary authority within the meaning of the Public Health 
(Ireland) Act, 1878. 

7. This Order may be cited as ' The Dairies, Cowsheds, and Milk- 
shops Amending Order of 1894.' 



THE DAIRIES, COWSHEDS, AND MILK- 
SHOPS (IRELAND) ORDER OF AUGUST, 1879 

By the Lord Lieutenant and Privy Council of Ireland. 

Marlborough, 

We, the Lord Lieutenant-General and General Governor of Ireland, 
by and with the advice and consent of Her Majesty's Privy Council in 
Ireland, by virtue and in exercise of the powers in us vested under 



THE DAIRIES, COWSHEDS, AND MILK SHOPS ORDER 233 

' The Contagious Diseases (Animals) Act, 1878/ and of every other 
power enabling us in this behalf, do order, and it is hereby ordered 
as follows : 

Preliminary. 

1. This Order may be cited as ' The Dairies, Cowsheds, and Milk- 
shops (Ireland) Order of August, 1879.' 

2. This Order extends to Ireland only. 

3. In this Order words have the same meaning as in the Con- 
tagious Diseases (Animals) Acts, 1878. 



Revocation of Former Orders. 

4. The Dairies, Cowsheds, and Milkshops (Ireland) Order of 1879, 
and the Dairies, Cowsheds, and Milkshops Amendment (Ireland) 
Order of 1879, are hereby from the making of this Order revoked : 
but nothing herein shall invalidate or make unlawful anything done 
under those Orders, or either of them, before the making of this 
Order, or interfere with the institution or prosecution of any pro- 
ceeding in respect of any offence committed against, or any penalty 
incurred under, those Orders, or either of them. 



Construction and Water-supply of New Dairies and 
Cowsheds. 

5. (i) It shall not be lawful for any person following the trade of 
cow-keeping or dairyman to begin to occupy as a dairy or cowshed 
any building not so occupied at the making of this Order, unless 
and until he first makes provision, to the reasonable satisfaction of 
the local authority, for the lighting, and the ventilation, including 
air-space, and the cleansing, drainage, and water-supply of the same, 
while occupied as a dairy or cowshed. 

(2) It shall not be lawful for any such person to begin so to occupy 
any such building without first giving one month's notice in writing 
to the local authority of his intention so to do. 



Sanitary State of all Dairies and Cowsheds. 

6. It shall not be lawful for any person following the trade of cow- 
keeper or dairyman to occupy as a dairy or cowshed any building, 
whether so occupied at the making of this Order or not, if and as 
long as the lighting, and the ventilation, including air-space, and 



234 MEAT AND FOOD INSPECTION 

the cleansing, drainage and water-supply thereof are not such as are 
necessary or proper — 

(a) For the health and good condition of the cattle therein ; 

and 

(b) For the cleanliness of milk-vessels used therein for contain- 

ing milk for sale ; and 

(c) For the protection of the milk therein against infection and 

contamination. 



Cleansing" of Dairies, Cowsheds, Milk-stores, Milkshops, 
and Milk-vessels. 

7. A local authority may, from time to time, make regulations 
for prescribing and regulating the cleansing of dairies and cowsheds 
in the occupation of persons following the trade of cow-keepers or 
dairymen, and the cleansing of milk-stores, milkshops, and milk- 
vessels, used for containing milk for sale by such persons. 



Contamination of Milk. 

8. If at any time disease exists among the cattle in a dairy or 
cowshed, or other building or place, the milk of a diseased cow 
therein — 

(a) Shall not be mixed with other milk ; and 

(b) Shall not be sold or used for human food ; and 

(c) Shall not be sold or used for food of swine, or other animals, 

unless and until it has been boiled. 

9. It shall not be lawful for any person following the trade of cow- 
keeper or dairyman, or purveyor of milk, or being the occupier of a 
milk-store or milkshop — 

(i) To allow any person suffering from a dangerous infectious 
disorder, or having recently been in contact with a person 
so suffering, to milk cows, or to handle vessels used for 
containing milk for sale, or in any way to take part or 
assist in the conduct of the trade or business of the cow- 
keeper or dairyman, purveyor of milk, or occupier of a 
milk-store, or milkshop, as far as regards the production, 
distribution, or storage of milk ; or 

(2) If himself so suffering, or having recently been in contact 

as aforesaid, to milk cows or handle vessels used for 

containing milk for sale, or in any way take part in the 

conduct of his trade or business, as far as regards the 

I . production, distribution, or storage of milk — 



THE DAIRIES, COWSHEDS, AND MILKSHOPS ORDER 235 

until in each case all danger therefrom of the communication of 
infection to the milk, or of its contamination, has ceased. 

10. It shall not be lawful for any person following the trade of 
cow-keeper or dairyman or purveyor of milk, or being the occupier 
of a milk-store or milkshop, to use a milk-store or milkshop in his 
occupation, or permit the same to be used for any purpose incom- 
patible with the proper preservation of the cleanliness of the milk- 
store or milkshop, and of the milk-vessels and milk therein, or in 
any manner likely to cause contamination of the milk therein. 



Keeping' of Swine. 

II. It 'shall not be lawful for any person following the trade of 
cow-keeper or dairyman or purveyor of milk to keep any swine in 
any cowshed or other building used by him for keeping cows, or in 
any milk-store or other place used by him for keeping milk for sale. 



Regristpation of Dairymen and Others. 

12. (i) Every local authority shall keep a register of persons 
from time to time carrying on in the district of the local authority 
the trade of cow-keepers, dairymen, or purveyors of milk, and shall 
from time to time revise and correct the register. 

(2) The local authority shall from time to time give public notice 
by advertisement in a newspaper circulating in their district, and, 
if they think fit, by placards, handbills, or otherwise, of registration 
Laing required, and of the mode of registration. 

(3) It shall not be lawful for any person to carry on in the district 
of any local authority the trade of cow-keeper, dairyman, or pur- 
veyor of milk unless he is registered as such therein. 

(4) A person who carries on the trade of cow-keeper or dairyman 
for the purpose only of making and selling butter and cheese, or 
both, and who does not carry on the trade of purveyor of milk, 
shall not, for the purpose of registration, be deemed to be a person 
carrying on the trade of cow-keeper or dairyman, and need not be 
registered. 

(5) A person who sells milk of his own cows in small quantities to 
his workmen or neighbours for their accommodation shall not, for 
the purposes of registration, be deemed, by reason only of such 
selling, to be a person carrying on the trade of cow-keeper, dairy- 
man, or purveyor of milk, and need not, by reason thereof, be 
registered. 



236 MEAT AND FOOD INSPECTION 



Acts of Local Authorities. 

13. (i) All orders and regulations made by a local authority 
under the Dairies, Cowsheds, and Milkshops (Ireland) Order of 
1879, and in force at the making of this Order, shall, as far as the 
same are not varied by or inconsistent with this Order, remain in 
force until altered or revoked by the local authority. 

(2) Forms of registers and other forms which have been before 
the making of this Order prepared for use by a local authority under 
the Dairies, Cowsheds, and Milkshops (Ireland) Order of 1879, ^^-Y 
be used, as far as they are suitable, for the purposes of this Order. 

Given at the Council Chamber, Dublin Castle, 
the 9th day of August, 1879. 

J. T. Ball, C. 
R. Deasy. 
Henry Ormsby. 



THE SALE OF FOOD AND DRUGS ACTS, 

1875 TO 1907 

THE SALE OF FOOD AND DRUGS ACT, 1875 

• (38 and 39 Vict., c. 63.) 

An Act to [repeal the Adulteration of Food Acts and to] make better 
provision for the Sale of Food and Driigs in a pure state. [11th August 
1875] 

WHEREAS it is desirable that the Acts now in force relating to the 
adulteration of food should be repealed, and that the law regarding 
the sale of food and drugs in a pure and genuine condition should be 
amended : 

Be it therefore enacted by the Queen's Most Excellent Majesty, by 
and with the advice and consent of the Lords Spiritual and Temporal, 
and Commons in this present Parliament assembled, and by the 
authority of the same, as follows : 

The words in square brackets in the title, and the whole preamble and 
enacting words printed in italics down to ' as follows ' are repealed by the 
Statute Law Revision (No. 2) Act, 1893, 56 and 57 Vict., c. 54. 

1. Repeal of Statutes.— From the commencement of this Act the 
Statutes of the twenty-third and twenty-fourth of Victoria, chapter 
eighty-fotir, of the thirty-first and thirty-second of Victoria, chapter 
one hundred and twenty-one, section twenty-four, of the thirty-third 
and thirty-fourth of Victoria, chapter twenty-six, section three, and 
of the thirty-fifth and thirty-sixth of Victoria, chapter seventy-four, 
shall be repealed, except in regard to any appointment made under 
them and not then determined, and in regard to any o-ffence committed 
against them or any prosecution or other Act commenced and not con- 
cluded or completed, and any payment of money then due in respect of 
any provision thereof. 

This section is repealed by the Statute Law Revision Act, 1883 (46 and 
47 Vict., c. 39) ; but, notwithstanding the repeal, it is provided by Section i 
of said Act of 1883 that the Acts repealed by this section shall remain un- 
repealed. The Acts repealed by this section are the following : An Act for 
Preventing the Adulteration of Articles of Food and Drink, i860 ; Section 24 of 
the Sale of Poisons and Pharmacy Act, 1868 ; Section 3 of the Sale of Poisons 
(Ireland) Act, 1870 ; and the Adulteration of Food and Drugs Act, 1872. 

237 



238 MEAT AND FOOD INSPECTION 

2. Interpretation of Words. — [The term ' food ' ^ shall include 
every article used for food or drink by man, other than drugs or water :]^ 

The term 'drug '^ shall include medicine for internal or external 
use : 

The term ' county ' shall include every county, riding, and 
division, as well as every county of a city or town not being a 
borough : 

The term ' justices ' shall include any police and stipendiary 
magistrate invested with the powers of a justice of the peace in 
England, and any divisional justices in Ireland. 

^ In James v. Jones (1894), i Q.B., 304; 58 J. P., 230 (before 1899 Act), 
baking-powder was held not to be an article of food within this section, but 
since the 1899 Act it would be. In Short v. Smith (1895), 11 T.L.R., 325 ; 
59 J. P., 213, chewing-gum, labelled ' Cloves : for chewing only, and not to 
be eaten,' held not to be ' food ' within the meaning of the Act. See also 
Bennett v. Tyler (1900), 81 L.T., 787 ; 64 J. P., 119. 

2 The words in square brackets have been repealed (Act of 1899, s. 27 and 
Schedule), and Section 26 of the same Act contains an amended definition of 
' food ' [post, p. 327). 

3 The decisions as to the definition of ' drug ' have mostly related to articles 
which are used sometimes as drugs and sometimes as articles of food, and 
the result of them seems to show that the test is the purpose for which the 
article is sold. In Fowle v. Fowle (1896), 75 L.T., 514 ; 60 J. P., 758, a sum- 
mons for the sale of adulterated beeswax sold by a grocer, who stated at the 
time that he could not guarantee it as pure, was dismissed on the ground 
that beeswax was not a drug, although it was proved that beeswax is used 
in the preparation of medicines, and is included in the British Pharmacopoeia. 
The opinion of Grantham, J., seems to imply that a conviction would have 
followed had the article been sold by a chemist. In Houghton v. Taplin 
(1897), 13 T.L.R., 386, the magistrates dismissed a summons charging the 
defendant with selling arsenical soap as a drug, on the ground that, as the 
soap contained no arsenic, it was not a drug, and no offence had been com- 
mitted. The court dismissed an appeal against this decision (Hawkins, J.), 
on the ground that arsenical soap containing no arsenic was not a drug, 
and Wright, J., on the ground that the soap was a compounded drug within 
the meaning of subsection (3) of Section 6. See also Beardsley v. Walton 
and Co. (1900), 2 Q.B., i ; 82 L.T., 119, as to 'camphorated oil,' a com- 
pounded drug ; and Dickins v. Randerson (1901), i K.B., 437 ; 17 T.L.R., 224, 
dealing with ' mercury ointment,' referred to on pp. 249, 250. 

3. Injurious Ing-redients of Food. — No person^ shall mix, 
colour, stain, or powder, or order or permit^ any other person to 
mix, colour, stain, or powder, any article of food with any 
ingredient or material so as to render the article injurious to 
health,^ with intent that the same may be sold in that state, and 
no person shall sell any such article so mixed, coloured, stained, 
or powdered,^ under a penalty in each case not exceeding fifty 
pounds for the first offence ; every offence, after a conviction for a 
first offence, shall be a misdemeanour, for which the person, on 



THE SALE OF FOOD AND DRUGS ACT, 1875 239 

conviction, shall be imprisoned for a period not exceeding six 
months with hard labour. 

1 As to whether a limited liability company can be prosecuted under this section 
see opinions of Channell, J., in the affirmative, and Lord Alverstone, C. J., in the 
negative, in Pearks, Gunston, and Tee, Limited, v. Ward ; and Hennen v. Southern 
Counties Dairies Company, Limited, (1902), 2 K.B., i; 87 L.T., 51. A label 
will not protect from prosecution a vendor of an article injurious to health 
(see Section 8, post, p. 251). 

2 A master is liable at common law for knowingly permitting servants to 
mix unwholesome ingredients with any article of food intended for sale. In 
R. V. Dixon, (1814), 3 M. and S., 11 ; 4 Camp., 12; 15 R.R., 381, a baker was 
convicted for supplying children at an asylum with bread into which his 
servants, to his knowledge, had introduced alum. 

3 As to what materials of adulteration are injurious to health, see recom- 
mendations in Report of Departmental Committee in 1901. 

Where a foreign ingredient has been mixed with an article of food, it must be 
proved that the latter has thereby been rendered injurious to health by the 
former before a conviction under this section can take place. It is not enough 
that the foreign ingredient is in itself injurious to health. The analyst's 
certificate on which the proceedings are founded does not require to state 
that the article is injurious to health [Hull v. Horsnell (1904), 21 T.L.R., 32.) 

* In Summers v. Grist (1896), 60 J. P., 346, it was held that it was an offence 
under this section to sell a i -pound bottle of peas knowing it to contain 
3 grains of sulphate of copper. 

In Goulder v. Rook and Bent v. Ormerod (1901), 2 K.B., 290 ; 84 L.T., 
719 (Lord Alverstone, C.J., and Lawrance and Phillimore, JJ.), where two 
beer-sellers had sold beer containing arsenic which had been added without 
their knowledge or consent, it was held that a person may be convicted of an 
offence under Section 6, even though the facts would have warranted a prose- 
cution under this section. 

4. Mixing- Drug's with Injurious Ing-redients.— No person 
shall, except for the purpose of compounding as hereinafter 
described, mix, colour, stain, or powder, or order or permit any 
other person to mix, colour, stain, or powder, any drug with any 
ingredient or material so as to affect injuriously the quality or 
potency of such drug, with intent that the same may be sold in that 
state, and no person shall sell any such drug so mixed, coloured, 
stained, or powdered, under the same penalty in each case respec- 
tively as in the preceding section for a first and subsequent offence. 

See notes to Section 3. This section applies to drugs only. It will be 
observed that it is in similar terms to Section 3, which applies to food, with 
this difference : that, under this section, it is not necessary to show that the 
mixing, etc., of the drug with the other ingredient is injurious to health, 

5. Exemption in the Case of Proof of Absence of Know- 
ledg-e. — Provided that no person shall be liable to be convicted 
under either of the two last foregoing sections of this Act in 
respect of the sale of any article of food, or of any drug, if he 



240 MEAT AND FOOD INSPECTION 

shows to the satisfaction of the justice or court before whom he 
is charged that he did not know of the article of food or drug sold 
by him being so mixed, coloured, stained, or powdered as in either 
of those sections mentioned, and that he could not with reasonable 
diligence have obtained that knowledge. 

To procure a conviction under the Act it is not usually necessary for the 
prosecution to prove guilty knowledge on the part of the accused [Betts v. 
Armstead (1888), 20 Q.B.D., 771 ; 58 L.T., 811). But to procure an acquittal 
under the two preceding sections this section imposes upon the accused 
the onus of proving not only that he had no such knowledge, but that he could 
not with reasonable diligence have obtained it (see notes to Section 6). 

6. Sale of Articles of Food and of Drugs not of the Proper 
Nature, Substance, and Quality. — No person^ shall sell to the 
prejudice of the purchaser^ any article of food or any drug which is 
not of the nature, substance, and quality^ of the article demanded* 
by such purchaser, under a penalty^ not exceeding twenty pounds ; 
provided that an offence shall not be deemed to be committed under 
this section in the following cases — that is to say, 

(i) Where any matter or ingredient not injurious to health 
has been added to the food or drug because the same 
is required for the production or preparation thereof 
as an article of commerce, in a state fit for carriage or 
consumption, and not fraudulently to increase the bulk, 
weight, or measure of the food or drug, or conceal the 
inferior quality thereof ; 

(2) Where the drug or food is a proprietary medicine, or is the 

subject of a patent in force, and is supplied in the state 
required by the specification of the patent ; 

(3) Where the food or drug is compounded as in this Act 

mentioned f 

(4) Where the food or drug is unavoidably mixed*^ with some 

extraneous matter in the process of collection or 
preparation. 

To procure a conviction under this section it is not necessary for the prose- 
cutor to prove guilty knowledge on the part of the accused, and it will be no 
defence for the latter to prove that the act charged was done without his 
knowledge, and that he could not with reasonable diligence have obtained 
that knowledge. Any other construction would have defeated the main 
purpose of the Act, which is the protection of the public against adulteration, 
and a vendor can always protect himself by refusing to purchase without a 
warranty under Section 25. A person may be prosecuted under this section 
even though the facts proved would have supported a conviction under 
other sections {Goulder v. Rook and Beardsley v. Wa'Uon and Co., cited in 
note to Section 3, supra). 

^ ' Person ' includes a corporation {Pearks, Gunston, and Tee, Limited, v. 
Ward ; Hennen v. Southern Counties Dairies Company, Limited (1902), 2 K.B., 



THE SALE OF FOOD AND DRUGS ACT, 1875 241 

I ; 18 T.L.R., 538. A master is responsible under this section for the unauthor- 
ized acts of his servant, or even of a stranger. Brown v. Foot (1892), 51 
L.J.M.C., no ; 66 L.T., 649. In that case a servant admitted he had watered 
his milk-can previous to selling to an inspector, and that in the face of a warning 
and special precautions taken by the master against adulteration. Held that 
the master had been rightly convicted. See also Parker v. Alder (1899), 
I Q.B., 20 ; 79 L.T., 381, where a similar decision was given. The decision 
in the earlier case, Kearley v. Tonga or Tyler (1891), 60 L.J. M.C., 150 ; 65 L.T., 
261, where the opposite view was taken, is now considered as overruled by 
Brown v. Foot and Parker v. Alder. See Farley v. Higginbotham (1897), 104 
L.T.J., 410 ; 42 S.J., 309, where a master was held liable for the unauthorized 
act of his servant ; also note 5 to section 17 (p. 264). 

A servant can be convicted under this section as the actual seller {Hotchin 
V. Hindmarsh (1891), 2 Q.B., 181 ; 65 L.T., 149). 

2 In a case which came before the High Court of Justiciary in Scotland, 
shortly aftef the Act came into operation {Davidson v. McLeod (1877), 5 R. 
(J.), I ; 3 C. 511), the question was raised whether a sanitary inspector pur- 
chasing for analysis under Section 13 of the Act could be prejudiced within 
the meaning of this section. A majority of a full bench decided the question 
in the negative. The Court of Queen's Bench took the opposite view in the 
case of Hoyle v. Hitchman (1879), 4 Q.B.D., 233. In consequence of this 
conflict of opinion, and also of opinions expressed by certain of the judges 
of the Scotch Court in Davidson v. McLeod, to the effect that the words, 
' nature, substance, and quality ' in this section meant that, in order to prove 
adulteration, a prosecutor must prove that an article is defective in all three 
respects, and not only in one or more of them, the amending provision con- 
tained in Section 2 of the Act of 1879 was passed. That section provides that, 
in prosecutions under this section, it shall be no defence to allege that the 
purchaser, having bought only for analysis, was not prejudiced by the sale, 
nor that the article or drug sold, though defective in nature or substance, or 
in quality, was not defective in all three respects (see p. 295). 

In these cases {Davidson v. McLeod and Hoyle v. Hitchman) the meaning 
of the words, ' to the prejudice of the purchaser,' within the meaning of the 
section, was fully discussed, and as they still remain applicable to private 
purchases, it is useful to refer to the dicta of the judges. The following is 
from Mellor's, J., opinion in the case of Hoyle v. Hitchman .• ' If a purchaser, 
whoever he may be, . . . gets an article inferior to that which he demands and 
pays for, it seems to me that he is necessarily prejudiced within the meaning of 
the section.' And Lush, J., said : ' What is the meaning of " prejudice " here ? 
It cannot be confined to pecuniary prejudice or prejudice arising from the 
consumption of unwholesome food. The prejudice is that which the ordinary 
customer suffers — viz., that which is suffered by anyone who pays for one 
thing, and gets another of inferior quality. . . . The words "to the prejudice 
of the purchaser " are necessary, because, if they had not been inserted, a 
person might have received a superior article to that which he demanded and 
paid for, and yet an offence would have been committed.' 

In Smith v. Wisden and others (1901), 18 T.L.R., 92 ; 85 L.T., 760, the article 
supplied, if different, was better than the article demanded. There was no 
evidence of inferior quality or adulteration in the ordinary sense of the word 
(per Lord Alverstone). 

The seller of an adulterated article can get outside the provisions of this 
section in two ways : 

(1) He may label the article as mixed in the manner specified in Section 8, 
as amended by Section 12 of the Act of 1899 ; or 

(2) He may give the purchaser notice otherwise, if it is done in such a way 
as to exclude the possibility of the purchaser being prejudiced. Sandys v. 

16 



242 MEAT AND FOOD INSPECTION 

Small (1878), 3 Q.B.D., 449 ; 39 L.T., 118. The manner of giving notice by- 
label is discussed infra, p. 251. The following cases illustrate how notice may- 
be given otherwise than by label : 

In Higgins v. Hall (1886), 51 J. P., 293, a purchaser asked for a pound of 
coffee, and the appellant's wife, serving in the shop, said, ' We don't keep it,' 
but added, pointing to tins labelled ' Coffee and Chicory,' that she sold that 
as a mixture. She sold some of the mixture, which contained about 30 per 
cent, of coffee. Held, on appeal, that a conviction by inferior court was 
wrong, appellant's wife having sold only a mixture, which she was entitled to 
do, having represented that it was only a mixture. Further, the purchaser 
had asked for the mixture and got it. 

In Gage v. Elsey (1883), 10 Q.B.D., 518 ; 48 L.T., 226 ; and Palmer v. Tyler 
(1897), 61 J. P., 389, it was held that there had been no sale to the prejudice 
of the purchasers, printed notices with regard to the strength of the article 
scld — viz., alcohol — having been hung up in the shops, and the purchasers' 
attention had been drawn to the notices. 

In Morris v. Johnson (1890), 54 J. P., 612, T. went into J.'s public-house, 
and, without going into the bar or kitchen, went into a club-room and asked 
for whisky, and that supplied was t,j degrees under proof. A notice that 
' All spiri-ts sold at this establishment are diluted with water, according to 
price,' was stuck up in the bar and kitchen, but not in the club-room, and 
nothing was said to T. on delivery. Further, T. did not see the notice. The 
justices dismissed the complaint. On appeal, the court held that the justices 
ought to have inquired before deciding whether T. knew that the practice 
was at J.'s house to sell only diluted spirits, in which case no conviction was 
proper, and remitted back to the justices to inquire as to such knowledge. 

But see Pearks, Gtmston, and Tee, Limited, v. Ward (cited in note to Sec- 
tion 3, supra, p. 239), where it was held that a sale may be to the prejudice 
of the purchaser within this section, although the purchaser has special 
knowledge, not obtained from the seller, that the article was not of the nature, 
substance, and quality of the article denaanded ; and that the test is whether 
it would have been to the prejudice of a purchaser not having such special 
knowledge. In this case the sale was to an inspector who had reason to know 
that the article supplied was not the article demanded, but as no notice of 
the adulteration was given to him at the time of sale, it was held that his 
previous knowledge did not protect the seller. This case shows that the 
seller, if he wishes to protect himself, must, on every sale, notify the purchaser 
that the article is mixed, and that it is unsafe for him to remain silent, reljdng 
on previous knowledge obtained by the purchaser. 

In Pearks, Gunston, and Tee, Limited, v. Houghton (1902), i K.B., 889 ; 
86 L.T., 325, it was held that a sale of butter containing 7-8 per cent, of water 
above the permissible maximum was not to the prejudice of the purchaser 
in respect of a notice in the shop that the butter was blended, although the 
inspector did not, in fact, see the notice. The butter was delivered to him 
in a wrapper on which the notice was also printed. The court held that, 
assuming only one kind of butter was sold in the shop, the seller was protected 
by the notice, and the sale was not to the prejudice of the purchaser. 

For definition of milk-blended butter, and conditions under which it 
must now be dealt in, see Act of 1907, Sections 1,2,4., and 9 [post, pp. 329, 331. 
332 a,nd 336). 

In Hayes v. Rule and Law (1902), 87 L.T., 133; 18 T.L.R., 535, where the i 
facts were almost identical, but the inspector had asked for ' best fresh , 
butter,' the court, distinguishing this case from Pearks v. Houghton, held that j 
a notice in the shop, similar to the one in that case, would not be sufficient 
unless it was proved that the inspector saw the notice. It was held, however, j 
that the defendants were protected by a label (post, p. 252). j 

The notice must, however be clear and unequivocal. In Collett v. Walker \ 



THE SALE OF FOOD AND DRUGS ACT, 1875 243 

(1895), 64 L.J. M.C., 267 ; 59 J. P., 600, a purchaser asked for cheese, and 
was suppUed with a mixture of skimmed milk and beef-fat, from which the 
bulk of the butter-fat had been abstracted. The bulk of the cheese was 
labelled ' Valleyfield Finest Oleine Cheese,' the words ' Finest Oleine ' being 
in smaller type than the others. No other notice was given to the purchaser. 
The purchaser did not notice the word ' Oleine,' and said if he had he would 
not have known what it meant. The magistrates convicted, and an appeal 
against the conviction was dismissed, the court holding that the sale was 
to the prejudice of the purchaser. 

In Souter v. Lean (1903), 6 F. (J.), 20 ; 41 S.L.R., 192, a food inspector 
asked for three-halfpenny worth of sweet milk. He was supplied from a can 
on which the following words were embossed : ' Not guaranteed 3 per cent.' — 
i.e., not of the standard of sweet milk. The inspector saw the label, and 
whence the milk was taken. Analysis showed that the milk was a mixture 
of sweet and skim milk. The sheriff acquitted the accused. An appeal 
against his decision was sustained, a raajority of the court holding that the 
words embossed on the milk-can were not a sufficient notice that the milk 
was not pure sweet milk, which was what was asked for, and that, therefore, 
the sale was to the purchaser's prejudice. 

In Dawes v. Wilkinson (1906), 23 T.L.R., 34, it was held that a person 
licensed to sell spirits was not immune from prosecution for an offence under 
this section for diluting rum below 25 degrees under proof by exhibiting a 
notice that the spirits sold by him were not of any guaranteed strength. 

A false representation as to the nature, substance, and quality of the 
article demanded, made by the seller prior to the sale, is not an offence under 
this section, if the true nature, substance, and quality be disclosed at the 
time of the sale {Kirk v. Coates (1885), 16 Q.B.D., 49 ; 54 L.T., 178). In 
that case a milkman stated to an officer that some cans contained new milk, • 
but, on the officer stating that he would take some, the milkman stated that 
it was old milk. The court, adhering to the decision of the magistrates, held 
that this was a sale, not of new, but of old milk, and that there was no offence 
under this section. But a false representation made at the time of sale 
constitutes an offence {Hey wood v. Whitehead (1898), j6 L.T., 781). There a 
milkman sold a pint of milk as new milk for a penny, though, in fact, it was 
skimmed milk. One of the magistrates thought the inspector should have 
known from the price that the milk was not new milk, and that no offence had 
been committed. The court held, however, that there should have been a 
conviction. 

In Frew v. Gunning (1901), 3 F. (J.), 51 ; 38 S.L.R., 555 ; 3 A., 339, an 
inspector demanded a sample of sweet milk from a particular can, and was 
informed by the vendor that the can in question contained milk which he 
himself had bought, and of the quality of which he was ignorant. The milk, 
on analysis, was found to contain 13 per cent, of added water. The sheriff 
acquitted the accused, and the decision was affirmed on appeal, the court 
holding that the inspector got the article he demanded, after being warned that 
it might not prove to be sweet milk. 

In Sandys v. Jackson (1905), 69 J. P., 171 ; 92 L.T., 646, an inspector de- 
manded of the defendant a sample from a particular milk-churn. The sample 
when analyzed was found to be deficient in milk-fat. The magistrate found, 
as a fact, that there was no request by the inspector to be supplied with milk, 
but only with a sample from a milk-churn, which he got. Held on these 
findings of fact that there was no sale to the purchaser's prejudice, and the 
magistrates' decision was upheld. 

An official purchaser may employ a deputy to make the purchase on his 
behalf {Harder v. Scott (1880), 5 O.B.D., 552 ; 42 L.T., 660 ; Smith v. Stace 
(1881), 45 J. P., 141 ; Macaulay v.^McKirdy (1893), 20 R. (J.), 58 ; 3 White's 
Rep. (Sc), 464). 

16 — 2 



244 MEAT AND FOOD INSPECTION 

3 In Davidson v. McLeod (cited supra, p. 241), it was held that these words, 
' nature, substance, and quality,' could not he disjoined. But Section 2 of 
the Act of 1879 provides that it shall not be ' a good defence to prove that the 
article of food or drug in question, though defective in nature or in substance 
or in quality, was not defective in all three respects.' 

4 An offence is committed if an entirely different article is supplied from 
the article demanded, or if an adulterated article is supplied, or if the article 
demanded has a recognized commercial standard and an inferior article is 
supplied. See Sandys v. Rhodes (1903), 67 J. P., 352 (post, p. 252). 

In order to be relevant the summons or complaint must clearly specify 
what was demanded. In Hamilton v. Morrison (1903), 5 F. (J.), 80, the com- 
plaint set forth that the accused sold to the complainer ' to his prejudice ' 
one pennyworth of sweet milk, which was not of the nature, substance, and 
quality demanded, but did not say what was demanded. The complaint 
was held to be irrelevant for want of specification. 

In the case of Knight v. Bowers (1885), 14 Q.B.D., 845 ; 53 L.T., 234, it 
was decided that an offence had been committed where ' savin ' had been sold 
in answer to a demand by the purchaser for ' saffron.' The court held that 
Section 6 was not limited to adulterated articles, but covered cases where the 
article supplied was unadulterated, but altogether different from that de- 
manded. 

In Morton v. Green (1881), 8 R. (J.), 36 ; 4 Couper, 437, it was held that 
the sale of an inferior though pure quality of cream at a low price is not an 
offence within the meaning of this section. 

As to condensed milk, in Lindsay v. Hutton (1894), i S.L.T., 454, Sheriff- 
Substitute Birnie in the Sheriff Court at Glasgow held that the sale of con- 
densed milk was not a breach of the Act, as milk, irrespective of quality, had 
been asked for by the purchaser. 

In Fyfe v. Aitken (1895), 3 S.L.T., 89, where a prosecution was raised in 
respect of a sale of ground ginger containing 20 per cent, of spent ginger, the 
sheriff held that mere inferiority in quality is not sufficient to constitute an 
offence if the article sold was of the nature, substance, and quality of the 
article demanded. 

In McLeod v. O'Neill (1882), 9 R. (J.), 32, milk, according to the analyst's 
report, was diluted with 27 per cent, of water. No evidence was led by the 
respondent, and the magistrate acquitted. On appeal, the court pronounced 
no interlocutor, but gave the opinion that the magistrate was not bound to 
convict unless satisfied that the article sold was not of the nature, substance, 
and quality demanded. In the official reports the only opinion given is 
by Lord Young, and it is somewhat difficult to reconcile the decision of the 
court with the views which he expressed. ' The question put to us,' said his 
lordship, ' is one of law, and we are of opinion that, if a person so waters milk 
that in the opinion of the sheriff or other magistrate trying the charge it is 
not of the nature, substance, and quality of milk demanded by the pur- 
chaser, the seller may be lawfully, and if there is nothing to the contrary, ought 
to be, convicted under the clause of the statute in question. ... It is the 
foundation of our opinion that milk may cease to be of the nature, substance, 
and quality of milk for which it is sold by the simple process of putting water 
into it. This is an appeal against an acquittal, and we do not think it neces- 
sary to do more than announce this as our opinion as matter of law. ... I 
may add that if, instead of an acquittal, there had been a conviction here, I 
should not, and I do not think either of my brethren would, have been dis- 
posed to entertain an appeal against it.' The Sale of Milk Regulations of 
1 90 1 make it impossible for such a decision to be repeated. 

In R. V. Field (1895), 64 L.J.M.C., 158, a grocer was charged with selling a 
packet of cocoa containing 80 per cent, of starch and sugar. The justices. 



THE SALE OF FOOD AND DRUGS ACT, 1875 245 

who were all retired naval officers, and had a large experience of cocoa, which 
was largely used on warships, acting on the knowledge so acquired, held that 
the starch and sugar had not been added fraudulently, and being of opinion 
that the offence, if any, was quite trifling, they discharged the accused. On 
appeal, their so acting was approved. See Report of Select Committee 
{1894- 1 896, p. xxxiv), where an opinion was expressed that cocoa prepared as 
above was adulterated, and that it should be regarded as a mixture and sold 
with a label. 

In Burton v. Mattinson (1902), 86 L.T., 770 ; 66 J. P., 628, in answer to a 
request for margarine, a purchaser was supplied with a substance containing 
21 per cent, of water, being, as the analyst certified, 5 per cent, more than 
margarine should contain. The seller contended that the article supplied was 
margarine. Held that it was a mixture of margarine and water, and that the 
seller had rightly been convicted of an offence under this section. 

In Roberts v. Leeming (1905), 69 J. P., 417 ; 3 L.G.R., 1031, in answer to a 
request for margarine, an article was supplied containing only 75-15 per cent, 
of fat. lyfargarine usually contains at least 85 per cent, of fat. The justices 
found that what was supplied was not margarine, and, on appeal, it was held, 
following Burton v. Mattinson, that there was evidence on which the magis- 
trates could convict. 

See Act of 1907, Section 4 (i), post, p. 332, which limits the water in mar- 
garine to 16 per cent. 

In Friend v. Mapp (1904), 68 J. P., 589; 2 L.G.R., 1317, the respondent 
was summoned for selling preserved peas to which sulphate had been added 
to preserve the colour, but not in such a quantity as to be injurious to health, 
and it was proved that this practice had been in use for years without injury 
from the use. The justices held that the appellant had obtained what he 
had demanded, and an appeal against their decision was dismissed. 

' Milk.'— The Sale of Milk Regulations, 1901, made by the Board of Agri- 
culture under powers conferred by Section 4 of the Sale of Food and Drugs 
Act, 1899, provide that where a sample of milk, not being sold as skimmed 
or separated or condensed milk, contains — 
{a) Less than 3 per cent, of milk-fat ; or 

(6) Less than 8-5 per cent, of milk solids other than milk-fat ; and 
(c) Where a sample of skimmed or separated milk (not being condensed 
milk) contains less than 9 per cent, of milk solids, 
it shall be presumed for the purposes of the Sale of Food and Drugs Act, until 
the contrary is proved, that the respective milks are not genuine by reason in 
the case 

(a) of the abstraction therefrom of milk-fat, or the addition thereto of 

water ; 
(6) of the abstraction therefrom of milk solids other than fat or the addi- 
tion thereto of water ; and 
(c) of the abstraction therefrom of milk solids other than milk-fat, or 
the addition thereto of water. 

The fixing of a definite standard has made it easier for prosecutors to prove 
adulteration, but the words ' until the contrary is proved ' allow a vendor 
prosecuted for adulteration to prove his milk to be genuine, no matter how 
much under the standard it may be, and in numerous cases in certain courts 
the contrary has been proved with reference to milks under the standard to the 
extent of 15 per cent., or even more. 

In Smithies v. Bridge (1902), 2 K.B., 13 ; 87 L.T., 167, the milk sold 
was deficient in fat to the extent of 30 per cent. The milk was sold as it 
came from the cow, and the deficiency arose through the cow not having been 
milked for sixteen hours, much of the fat being thus absorbed. The magis- 
trates convicted, and the court by a majority (Lord Alverstone, C.J., and 



246 MEAT AND FOOD INSPECTION 

Channell, J.) upheld the conviction, Darling, J., dissenting. Channell, J., said r 
' ... In cases under that section no question of guilty knowledge or fraudulent 
intent arises, but the only question is whether vendor has sold something not of 
the nature, substance, and quality of the article demanded. ... In ordinary 
cases, if the vendor is able to prove that what he has sold as milk is without 
alteration and without any manipulation, the identical thing that came from 
the cow, then, in the absence of any other evidence, I think it must be held 
that what he sold was milk ; but if the statement of the analyst shows that 
what was sold had not the proper constituent parts of milk, and if seller were 
to prove that he had made inquiries and discovered that the cow which had 
yielded the milk was ill, and that the milk was, therefore, not of its normal 
strength and richness, and was consequently not of it3 proper character, then 
that evidence would confirm the analysis, and show, as I think, that what he sold 
was not of the nature, substance, and quality of the article demanded. It is 
true that it would be the direct product of the cow ; but the cow was not in 
fact producing milk, but was producing another liquid which did not contain 
the constituent parts of milk. In that case I think that the vendor, although 
acting in good faith and innocently, ought to be convicted under Section 6 
. . . No doubt it is a hard case, and the justice of the case would probably be 
met by a merely nominal fine, but I think there must be a conviction. . . . 

' No doubt, as I have said, this is a hard case, but if we do not lay down the 
rule in this way, it seems to me that it may work mischief in other cases, where, 
for instance, the railk, though coming direct from the cow, is clearly infected.' 

Lord Alverstone said : ' This case is undoubtedly one of some difficulty, 
but, on the whole, I have come to the conclusion that we ought to affirm 
the conviction. ... It is not necessary, as my brother Channell has pointed 
out, that the vendor should know of the condition of the article he sells ; if 
it is not of the nature, substance, and quality of the article demanded, 
he is liable under Section 6, although he may know nothing about it. . . . 
The analyst's certificate shows that the milk that was sold did not contain 
that proportion of fat which milk ought to contain, and usually does con- 
tain. I agree that if the only other evidence were that the milk was taken 
direct from the cow, and if there were no evidence of anything abnormal in 
the condition of the cow, or in the way in which it had been treated, it would 
have been wrong for the magistrates to have convicted the appellant ; but it 
is here found as a fact that, though the milk came direct from the cow, yet 
that its abnormal condition was due to the way in which the cow had been 
treated. The magistrates have found that the article supplied was not of 
the nature, substance, and quality of the article demanded, because it came 
from the cow in such a condition that it could not be described as milk at 
all. It is impossible, as I think, to say, having regard to the facts, that there 
was no evidence on which they could so find. As to the recent Order of the 
Board of Agriculture, I do not think it purports to set up a standard of what 
is or is not genuine milk, but only means to say that the want of a certain per- 
centage of fat is to be prima facie evidence that the milk is not genuine, and 
it will still be open to the defendant to prove that the milk is genuine. If, 
however, the article produced, although it is produced by the cow, is the result 
of an abnormal condition of things arising either from disease, or, as here, 
from unusual treatment of the cow, I think that that does amount to evidence 
on which the magistrates can find that the article is not of the nature, 
substance, and quality of the article demanded.' 

In Wolfenden v. McCulloch (1905), 92 L.T., 857; 21 T.L.R., 411, the 
defendant was charged with selling milk containing only 2'8i per cent, of milk- 
fat. It was proved that the deficiency was due to the fact that the cows 
had not been milked for fourteen hours, and that there had been no abstrac- 
tion of fat or adulteration of the milk. It was held that the justices were 
not bound to convict on the authority of Smithies v. Bridge, but that they 



THE SALE OF FOOD AND DRUGS ACT, 1875 247 

should have considered whether the article supplied was of the nature, sub- 
stance, and quality of the article demanded ; and that, the absence of milk-fat 
not being so large as to point to an abnormal state of things, there was no 
evideirce upon which they could convict. Conviction therefore quashed. 

In Banks v. Wooler (1900), 81 L.T., 785 ; 64 J. P., 245, the defendant was 
prosecuted for a contravention of this section by selling milk which contained 
3-55 per cent, of fat, but only 7'46 per cent, of non-fatty solids. The analyst 
certified that, in his opinion, 'this milk contains 10 per cent, of added water.' 
The justices held the charge proved, but as it appeared the milk was excep- 
tionally good, they thought the offence trifling and dismissed the summons. 
On appeal, it was held {Channdl and Bucknill, ]].) that if the milk was 
exceptionally good after adulteration, the justices might have considered the 
offence too trifling to convict ; but that if the milk had only been exceptionally 
good before adulteration, the offence was not trifling, and they should have 
convicted. 

In Warn^ck v. Johnstone (1881), 8 R. (J.), 55, it was held that a person who 
sold butter-milk containing 30 per cent, of added water was not guilty of 
an offence under this section. It was proved that the addition of some 
water was necessary in the process of manufacture of the butter, and the case 
accordingly fell under the exception in subsection 4 of this section. 

' Butter.' — For standard for pure butter, see Sale of Butter Regulations, 
1902 [post, p. 349), and for butter, margarine, and milk-blended butter, see 
Act of 1907, Section 5. 

See Pearks, Gunston, and Tee, Limited, v. Knight, and Pearks, Gtmston and 
Tee, Limited, v. Van Tromp (1901), 2 K.B., 825 ; 85 L.T., 379, where it was 
held that butter mixed with milk, containing, by reason of the mixture, 
22-5 per cent, of water, was not genuine butter. 

' Spirits.' — See Section 6 of the Act of 1879 for standard. 

In Wilson and McPhee v. Wilson (1903), 6 F. (J.), 10, an inspector entered 
a booth at an agricultural show where the appellants were carrying on business 
as refreshment contractors, and asked one of the appellants what kind of 
brandy he was selling. He received the reply, ' Tricoche's brandy.' The 
inspector did not catch the words, and left the premises. He returned about 
ten minutes later and asked a shopman for a bottle of brandy. The shopman 
thereupon supplied him with a bottle of liquor labelled ' Old Brandy : Tricoche 
and Co., Cognac XXX,' and asked and was paid eight shillings for it. The 
inspector then stated that he had bought the brandy for analysis, and divided 
it into thi^ee parts, as required by the statute. In a prosecution for contra- 
vention of Section 6, the complaint set forth that the liquid sold as brandy 
was not genuine brandy, in respect that at least 65 per cent, of the spirit in 
it was not derived from grapes, and that the liquid contained only 12-32 parts of 
ether and 33 parts of furfural per 100,000, whereas genuine brandy contained 
at least 85 parts of furfural per 100,000 parts of brandy. The analyst's 
certificate showed that the liquor had been adulterated to the extent alleged. 
The sheriff convicted, holding it proved, inter alia, that ' (5) brandy, when 
genuine, is a distillation of wine or grape spirit, and possesses medical qualities 
of the highest value in cases of fainting or collapse. These qualities, which 
are not found to the same degree in any other spirituous liquor, are due to the 
comparatively large proportion of ethers which brandy distilled from wine 
or grape spirit contains ; (6) analysis of different brands of high-class brandies 
bought in the ordinary way in shops in this country — e.g., Hennessy's and 
Martell's — yielded a fairly uniform result as regards proportion of ethers, and 
enabled a safe standard to be formed for judging as to the genuineness of the 
liquor in question ; (7) the liquor in question contained a large proportion — 
about one-half — of either raw grain or beet -root spirit, and was therefore 
not of the nature, substance, and quality of brandy ; (8) certain standard 
dictionaries, in defining brandy, do not confine it to distillation from wine or 



248 MEAT AND FOOD INSPECTION 

grape spirit, and spirituous liquor is often offered for sale as brandy, although 
it is not a grape spirit, but distilled from grain — as rye, maize, or barley — 
or from potatoes, and even abroad from figs or wine refuse, in all which cases 
it has to be coloured and flavoured so as to resemble and pass for genuine 
brandy. (9) The appellants bought the brandy in cask in this country from 
the importers, who had imported it from France in cask. The appellants 
bottled it for themselves.' 

An appeal against the conviction was refused by the High Court of Jus- 
ticiary (the Lord Justice - Clerk dissenting), the majority of the court 
(Lords Trajmer and Moncrieff) holding that in the case of an article like brandy, 
when no standard of purity has been fixed by regulation, the question whether 
the article supplied is of the nature, quality, and substance of the article 
demanded is one of fact to be decided by the sheriff on the evidence before 
him. The ground of the Lord Justice-Clerk's dissent was that in the cir- 
cumstances due notice had been given to the purchaser of what he was being 
supplied with, and, therefore, he suffered no prejudice. 

' Marmalade.' — There is no recognized standard for this article. In Smith 
v. Wisden (1901), 85 L.T., 760 ; 66 J. P., 150, marmalade was sold which con- 
tained 1 3 per cent, of glucose instead of cane or beet sugar. Evidence was 
given that for many years glucose had been used in the manufacture of 
marmalade, and that its use tended to prevent mildew. The justices con- 
victed. On appeal, the conviction was quashed, the court holding that there 
was no evidence to show that this substance was not marmalade. Lord 
Alverstone said : ' It has been judicially decided that the difference between 
the article demanded and that supplied must be to the prejudice of the pur- 
chaser. ... In the present case an article was given to the purchaser 
which, if different, was rather better. There was no evidence of any inferior 
quality, or of adulteration, in the ordinary sense of the word.' 

This decision was followed in Wilson v. McCutcheon (1902), 5 F. (J), 5 ; 
4 A., 34 ; 40 S.L.R., 31, where the respondent was charged with a contravention 
of this section by selling marmalade adulterated with 14 per cent, of starch 
glucose, which, as the complaint stated, was foreign to marmalade. In 
affirming the judgment of the Sheriff-Substitute, Lord Low said : ' Marmalade 
is not a simple substance, nor is it an article for which a known and recognized 
standard exists, such as drugs, the standards of which are found in the British 
Pharmacopoeia. It is a compounded article for which, so far as appears, 
there is no fixed standard. On the other hand, the adulteration is said to 
have consisted in the introduction of a certain amount of starch glucose, 
an entirely innoxious substance of the nature of sugar. ... It seems to me 
that in all cases of prosecutions under Section 6 of the Sale of Food and Drugs 
Act, 1875, where the article said to have been adulterated is a compounded 
article for which there is no fixed standard, and where the adulteration is said 
to have consisted in the introduction of a substance prima facie innocuous, it 
is incumbent upon the prosecutor to insert in the complaint such specification 
of the nature of the article said to have been adulterated, and of the effect 
of the introduction of the alleged extraneous substance, as will make it clear 
that, if what is alleged is true, the accused did sell to a purchaser an article 
which was not of the nature, substance, and quality of the article demanded 
by him. In that respect I am of opinion that the complaint now under con- 
sideration entirely fails. Assuming the statements in the complaint to be 
true, it seems to me impossible to say that the article supplied to the purchaser 
was not the article demanded by him. I think it right, however, to add that 
I desire to express no opinion whatever upon the merits of the case. For 
anything I know to the contrary, it may be that marmalade in which there 
is 14 per cent, of starch glucose is not of the nature, substance, and quality 
of marmalade. All that I say is that the complaint does not relevantly set 
forth that that is the case.' 



THE SALE OF FOOD AND DRUGS ACT, 1875 249 

Drugs. — In almost all the cases with reference to drugs which have been 
appealed to the courts of review, the question has been raised whether the 
British Pharmacopoeia was a standard for drugs. Although it is not a standard 
by statutory enactment, the result of the decision seems to be that it is the 
only recognized standard for the drugs named in it, so that if a drug of the B.P. 
be demanded of a chemist by its name in the B.P., he is bound to supply it 
compounded as prescribed in the B.P. The seller can, of course, get outside 
the statute by notice to the purchaser by label or otherwise that the drug sup- 
plied is not compounded according to the B.P. — i.e., that it is different from 
the article demanded. Many chemists and pharmacists strongly contend that 
the B.P. should be made an absolute standard for drugs, but it is conceded that 
before this can be done a revised pharmacopceia is necessary. The leading 
cases under this head are White v. Bywater (1887), 19 Q.B.D., 582 ; 51 J. P., 821. 
In that case a chemist sold tincture of opium containing less alcohol and opium 
than the quantities prescribed in the B.P. The magistrates acquitted. On 
appeal, it was held that he ought to have been convicted, although he had not 
asked for tmcture of opium prepared according to the B.P. 

In Dickins v. Randerson (1901), i K.B., 437 ; 84 L.T., 204, a chemist sold 
mercury ointment containing 12-5 per cent, of mercury. According to the 
B.P., it should have contained 48^5 per cent. The chemist attempted to prove 
that there was a commercial standard among druggists for the ointment sup- 
plied, and that the practice was to supply the weaker ointment unless the 
stronger was specially asked for. The justice convicted, and the conviction 
was upheld on appeal. 

In Boots Cash Chemists {Southern), Limited, v. Cowling (1903), 67 J. P., 195 ; 
19 T.L.R., 370, a chemist sold liniment of soap in which methylated alcohol 
had been substituted for rectified alcohol, as prescribed by the B.P. Evidence 
was tendered to show that there was a commercial standard for liniment of 
soap different from that prescribed by the B.P. The magistrates rejected 
this evidence, and convicted. On appeal, it was held that the evidence ought 
to have been received, but the court sent the case back for rehearing. No 
opinion was expressed as to what the value might be of the rejected evidence. 

In Robertson v. Duncan, Flockhart and Powell (1906), decided in the Edin- 
burgh Sheriff Court by Sheriff-Substitute Orphoot, and reported in vol. Ixxvi. 
of the Pharmaceutical Journal at pp. 558, 671, and 713, the respondents 
were charged with a contravention of this section by supplying, in answer 
to a demand for liquid extract of cascara sagrada, a drug compounded in all 
its essentials, as they contended, according to the formula of the B.P., 
but with the substitution of glycerine for alcohol, the latter being, they said, 
merely a preservative, and, as they argued, a non-essential. The Sheriff- 
Substitute held that, on the evidence, the purchaser, a sanitary inspector, 
had been informed that the article sold was not the pharmacopoeial prepara- 
tion, but a preparation known as ' Duncan's,' and, therefore, found the charge 
not proven ; but he expressed the opinion that the substitution of glycerine 
for alcohol as a preservative did not make the article different or weaker in 
substance and quality from the article originally demanded, and which the 
respondents were bound to supply — viz., liquid extract of cascara com- 
pounded according to the B.P. formula. 

^ The maximum penalty is seldom imposed. In many cases the penalties 
imposed are modified to an absurd extent, with the result that they are no 
deterrent. See Section 17 of the Act of 1899 (p. 320) for penalties for second and 
subsequent offences. The summons or complaint should state whether the 
offence is a first, second, or subsequent offence, and should crave the appro- 
priate penalty. In England costs in addition to a fine can be inflicted upon 
a defendant, but not in Scotland, MacKirdy v. McKendrick (1897), 25 R. 
(J.), 49 ; 2 Adam, 435. In that case Lord Kincairney expressed the opinion 



250 MEAT AND FOOD INSPECTION - 

that Section i8 of the Summary Procedure Act, 1864, authorized execution by 
imprisonment, since imprisonment was not expressly excluded by the terms 
of this Act. 

6 The words ' compounded as in this Act mentioned ' have, by inad- 
vertence, been left in the Act (see Justice Channell's remarks in BeardsUy v. 
Walton and Co., Limited (1900), 2 Q.B., i ; 82 L.T., 119). 

"^ The words ' unavoidably mixed ' are for the protection of dealers in 
articles in which it is impossible to prevent the presence in them of foreign 
ingredients, such as sand in pepper, mineral matter in tea [Shortt v. Robinson 
(1899), 68 L.J.Q.B., 352 ; 80 L.J., 261), water in buttermilk {Warnock v. 
Johnstone (188 1), 8 R. (J.), 55 ; 4 Coup., 509). In this case the defendant 
was found entitled to escape a conviction under the subsection. Buttermilk 
was sold mixed with 30 per cent, of water, and it was proved that the addition 
of some water was necessary in the process of manufacture. In Bosomworth 
V. Bridge (1902), 36 Sol. J., 594, a person was convicted of selling buttermilk 
containing 21 -J- per cent, of water. The defence was that the water had 
been unavoidably mixed in the preparation of the butter, and also to make it 
fit for carriage. A stated case for the opinion of the High Court did not state 
whether or not this defence had been proved, and the case was sent back 
to state the facts definitely. 

Section 24 provides that where the fact of an article having been sold in a 
mixed state is proved, if the defendant desires to rely upon any exception 
or provision in the Act, it shall be incumbent upon him to prove the same. 

In Sandys v. Markham (1887), 41 J. P., 52, mustard had been purchased by 
an inspector for analysis, and was found to contain 35 per cent, of flour, and 
the justices found, as a fact, that this percentage of flour was required for the 
preparation of mustard as an article of commerce in a state fit for consumption. 
As the case disclosed no evidence to support this finding, it was remitted to 
be restated, but it does not seem to have again come before the court. In 
dealing with this article, the Select Committee on Food Products Adulteration, 
in their Report (p. xxxvii), say : ' There is reason to believe that the admix- 
ture of wheat flour and a colouring agent with the pure mustard, in order to 
prepare common comniercial mustard, is a practice followed, not only with a 
view to meeting the taste of the public, who are said to show a marked prefer- 
ence for mixed mustard, but also to prevent fermentation and decomposition. . . . 
' Whether condiment mustard prepared as above indicated is to be regarded 
as a mixture within the meaning of the Acts, or whether it may be regarded as 
an article falling within the provisions of subsection i of Section 6 of the Act 
of 1875, is a question upon which your Committee express no opinion. It is 
obvious that an answer to this question is required in order to determine 
whether condiment mustard may be sold under the simple designation of 
mustard, or whether it should be labelled and sold as a mixture.' This 
question does not seem to have been considered by any of the Supreme Courts. 

7. Provision for the Sale of Compounded Articles of Food 
and Compounded Drugs. — No person shall sell any compounded 
article of food or compounded drug which is not composed of in- 
gredients in accordance with the demand of the purchaser, under a 
penalty not exceeding twenty pounds. 

In Beardsley v. Walton and Co. (1900), 2 Q.B., i ; 82 L.T., 119, Channell (J.) 
said, regarding this section, that its purpose was ' to make it clear that in a 
compounded article or compounded drug the ingredients must be according 
to the requirements '; and offences under this section can also be prosecuted 
under Section 6 (see Dickins v. Randerson (1901), i K.B., i ; 84 L.T., 204). 



THE SALE OF FOOD AND DRUGS ACT, 1875 251 

8. Protection from Offences by g-ivingr Label/— Provided 
that no person shall be guilty of any such offence as aforesaid in 
respect of the sale of an article of food or a drug mixed with any 
matter or ingredient not injurious to health, and not intended 
fraudulently^ to increase its bulk, weight, or measure, or conceal 
its inferior quality, if at the time of delivering such article or drug 
he shall supply to the person receiving the same a notice, by a label 
distinctly and legibly written or printed^ on or with the article or 
drug, to the effect that the same is mixed.* 

1 It has been explained in notes to Section 6 that a seller may get outside 
that section by notifying the purchaser that the article sold is mixed, and 
that he may do so either by label under this section or by notice displayed 
in his premises, or even verbally, provided the notice be unequivocal, and 
brought to the knowledge of the purchaser. The most unequivocal notice 
is by label under this section. The label must be on the article or drug 
when it is delivered to the purchaser ; it must be ' distinctly and legibly 
written or printed,' and Section 12 of the Act of 1899 provides that the label 
shall not be deemed to be distinctly and legibly written or printed within 
the meaning of this section ' unless it is so written or printed that the notice 
of mixture given by the label is not obscured by other matter on the label.' 
It is only necessary to state that the aricle is mixed. It is not necessary to 
specify the ingredients nor the proportions {Otter v. Edgely (1893), 57 J-P-- 457)- 

2 But notice by label or otherwise will only protect a seller when an article 
of food or drug has been mixed with any matter or ingredient not injurious 
to health, and not intended fraudulently to increase its bulk, weight, or 
measure, or to conceal its inferior quality. 

In Liddiard v. Reece (1880), 44 J. P., 233, the defendant sold coffee mixed, 
as the analyst's certificate showed, with chicory, the respective proportions 
being 40 and 60 per cent. To the package a label was attached stating, ' This 
is sold as a mixture of chicory and coffee.' The defendant pleaded the label. 
The magistrates convicted, holding that the mixture of chicory appeared to 
be intended fraudulently to increase the bulk, weight, or measure of the 
article, the price charged being that usually charged for pure coffee. The 
conviction was upheld by the High Court, on the ground that, the magistrates 
having found that the mixing was fraudulent with intent to increase the bulk, 
the label did not protect the seller. 

In Harder v. Meddings (1880), 44 J. P., 234, coffee was asked for, and a 
mixture consisting of 85 per cent, of chicory and 15 per cent, of coffee was 
supplied. A label was attached stating that the article was mixed. The 
defendant pleaded the label, and that he had supplied the article as he re- 
ceived it from the manufacturer. The magistrate convicted, holding that 
the chicory had been added fraudulently to increase the bulk. This decision 
was upheld on appeal. Lush, J., stating that the magistrate was bound to 
find whether the chicory had been added fraudulently to increase the bulk, 
and if so, there ought to be a conviction, notwithstanding the label, and that 
it was no defence to say that the article had been sold as received from the 
manufacturers. 

In such cases, however, there must be evidence of fraud before a conviction 
can follow. In Otter v. Edgely (1893), 57 J. P., 457, French coffee was asked 
for, and a mixture consisting of 60 per cent, of chicory and 40 per cent, of 
coffee was supplied in a tin with a label stating that the article was a mixture. 
The magistrate convicted on the ground that the chicory had been added 
fraudulently to increase the bulk. An appeal against the conviction was 



252 MEAT AND FOOD INSPECTION 

sustained, the High Court holding that there was no evidence of fraud, and 
that the label protected the seller. 

In Jones v. Jones (1894), 58 J. P., 653, a similar decision was given. In 
that case the article sold was cocoa, but consisted of 30 per cent, of cocoa 1 
and 70 per cent, of starch and sugar. It was labelled as being a mixture, 
and this, in the absence of evidence of fraud, was held to protect the seller. 

From these cases it appears that the fact of the article supplied being 
adulterated with a different substance to an extent exceeding 50 per cent, does 
not, provided it is labelled as a mixture, amount per se to evidence of fraud. 

In Sandys v. Rhodes (1903), 67 J. P., 352, an inspector asked to be supplied I 
with sago, and was supplied with pearl tapioca of a quality and description 1 
which by the custom of the trade was sold as sago. Held that the justices i 
might find that the sale was not to the prejudice of the purchaser, ' because,' 
as Lord Alversone said, ' the two articles were of the same value, and for a ! 
considerable number of years the public have asked for and bought this ■ 
quality and description of tapioca by the name of sago, so as to establish a 1 
custom in the trade to sell this quality and description of tapioca by the name : 
of sago.' 

This case has been founded on as justifying a grocer in supplying a mixture ■ 
of coffee and chicory in answer to a demand for coffee, the seller contending • 
that an ordinary purchaser, in asking for coffee, expects to be supplied with 
a mixture of coffee and chicory. This defence was set up in Bishop v. Baillie 
Bros., decided by Sheriff-Substitute Orphoot in the Edinburgh Sheriff Court 
on July 25, 1907 — shortly reported in Scotsman of the following day — and, 
after evidence led by the respondent in proof of the defence, was repelled. A 
wide door would be opened for defrauding the public if such a defence were 
allowed, the two articles being entirely different in nature, substance, and 3 
quality, and in value. 

Questions have arisen as to the sufficiency of labels as notices of mixture. ' 
In Jones v. Jones, supra, the cocoa which was sold in a tin labelled as a mixture 
was delivered to the purchaser wrapped in a sheet of opaque white paper. 
The purchaser had no other notice of the mixture, and he had no opportunity 
of seeing the label. The justices convicted. On an appeal to quarter sessions, 
the justices were equally divided. On an appeal to the High Court, it was 
held that the notice was sufficient. 

In Robertson v. Pearks, Gtmston, and Tee, Limited (igoi), 66 J. P., 42, an in- 
spector purchased half a pound of butter, which was delivered to him wrapped in 
a paper having on it the following : ' Pearks' Milk-blended Butter. — The butter 
sold at this establishment is the choicest butter blended with pure English 
full-cream milk, whereby the percentage of water in the butter is increased 
to about 20 per cent.' Defendants were convicted. Held by the Recorder 
at Reading that the conviction was right ; that, as the notice did not inform 
the purchaser that water was added to the butter, or what the percentage of 
water in butter ought to be, the words ' milk -blended butter ' were 
calculated to mislead, and that the phrase ought to be ' Pearks' Mixture of 
Butter and Milk '; further, that the purchaser did not know that milk-blended 
butter only was sold at the shop. 

In Pearks, Gunston, and Tee, Limited, v. Houghton (1902), i K.B., 889;, 
86 L.T., 325, butter blended with milk was sold containing water to the 
extent of 7-8 per cent, in excess of the statutory limit. It was sold in a 
wrapper labelled ' Pearks' Butter.' ' This is choicest butter blended with | 
pure English full-cream milk by new and improved nrachinery, whereby it 
retains about 20 to 24 per cent, of moisture, and acquires that delicacy of 
flavour which has made Pearks' butter so famous. This package weighs 
half-pound, including wrapper.' The package so labelled was enclosed in 
a second wrapper, which concealed the printed matter. On an appeal to 
the High Court, it was held that the appellants (the vendors) were not pro 



THE SALE OF FOOD AND DRUGS ACT, 1875 253 

tected by the label, owing to the same being concealed by the outer wrapper. 
The ground for distinguishing this case from Jones v. Jones was stated by 
Lord Alverstone as follows : ' There the article sold was a tin of cocoa, and 
it was assumed to be matter of common knowledge that tins had labels on 
them, and therefore the fact that they were wrapped up when delivered to 
the purchaser could not prevent the label having the effect of a notice to the 
purchaser. The question of the sufficiency of the notice is one to be decided 
on the particular facts of each case, but I doubt whether a purchaser of a 
pound of butter, on being handed such a packet, could be taken to have 
notice that there was another label inside the outside wrapper. If, therefore, 
the inner label were the only defence relied upon by the appellants, I should not 
be prepared to say that their contention was right.' 

3 See Section 12 of Act of 1899, infra, p. 319, for definition of the words 
' legibly written or printed.' 

* It is oniy necessary that the label should state in general terms that the 
article is a mixture. It is not necessary to state with what or to what extent 
it has been mixed {Otter v. Edgely, and Jones v. Jones, supra). It is sub- 
mitted that, for the protection of the public, an amendment of the law on 
this point is required. Examples can be cited of sales of coffee adulterated 
with chicory in proportions varying from 20 to 80 per cent., and being labelled 
mixtures. The vendors are protected, although the prices charged for them 
are not in keeping with the prices of the constituent parts. The public can 
only be protected by making it compulsory on the vendor to state on the 
label the proportions of the various articles comprised in the mixture. 

9. Abstraction of Part of an Article of Food before Sale.^— 

No person shall, with the intent that the same may be sold 
in its altered state without notice, abstract from an article of food 
any part of it so as to affect injuriously its quality, substance, or 
nature, and no person shall selP any article so altered without 
making disclosure^ of the alteration, under a penalty* in each 
case not exceeding twenty pounds. 

^ The main purpose of this section was, apparently, to prevent the abstrac- 
tion of cream from milk, although it is equally applicable to the abstraction 
of the ingredients or alteration of any other article, if thereby the article is 
so altered as injuriously to affect it in quality, substance, or nature. 

Comparatively few prosecutions have been brought under this section, 
most being brought under Section 6. But it will be noticed that the language 
of this section is wider in its scope than that of Section 6, because, while 
Section 6 says, ' No person shall sell to the prejudice of the purchaser,' etc., 
this section says, ' No person shall, with the intent that the same may be 
sold in its altered state without notice, abstract from an article of food any 
part of it,' etc. ; so that the person who makes the alteration may be prose- 
cuted under this section whether he be the actual seller or not, if he altered 
an article of food intended to be sold in its altered state. 

It was not unusual in milk prosecutions to libel an offence both under 
Section 6 and this section, but since the decision by the High Court of Jus- 
ticiary in Gibson v. Fyfe (1895), 2 S.L.T., case 579, in Scotland, these cases are 
almost always brought under Section 6, even where the charge is the abstraction 
of milk-fat. In that case, which was brought under Section 6 only, the analyst's 
certificate stated that the deficiency in milk-fat was produced ' either by the 
abstraction of fat or by the addition of skim milk to bring about the same 
result.' It was contended for the defence that, it being open to doubt on the 



2-54 MEAT AND FOOD INSPECTION 

analyst's report whether the deficiency might not be due to abstraction, it 
was incompetent to convict under Section 6 ; that the Act distinguished 
between the addition of a foreign substance and abstraction ; that, while 
Section 6 dealt with the former. Section g expressly dealt with the latter. 
The court negatived this contention, and sustained the conviction. The 
Lord Justice-Clerk stated that it was ' of little consequence whether first 
milk is skimmed and then added to milk that has not been skimmed, or 
whether, it being all in one vessel, it is skimmed. The result is the same.' 

In MacKirdy v. McKendHck (1897), 25 R. (J.), 49, 2 A., 435, the com- 
plaint libelled a contravention of both sections, although there was only 
one sale, and penalties of ;^20 for each offence were craved. It was objected 
that only one offence was charged, but the complaint was dismissed on 
other grounds. An appeal to the High Court of Justiciary was sustained, 
also on other grounds, and this point was not decided. Lord Kincairney 
stated : ' I think that two offences are charged — contravention of Section 6 
and contravention of Section 9 — although it may appear on inquiry that only 
one offence was committed.' It is thought that when the charge is the 
abstraction of milk-fat it is quite competent and proper to libel a contraven- 
tion of both sections for the one offence. 

2 It is no defence to a prosecution under this section for the respondent to 
plead want of knowledge of the alteration at the time of sale unless at the 
same time he produces in defence a written warranty under Section 25 [Pain 
V. Boughtwood (1890), 24 Q.B.D., 353 ; 62 L.T., 284). In that case a pint of 
milk had been purchased, and it was found that 28 per cent, of the original 
fat had been abstracted without disclosure. The seller and his manager 
both denied knowledge of the abstraction. The magistrate dismissed the 
summons, but an appeal against the decision was sustained, the court holding 
that a person selling an altered article could be convicted under this section, 
although at the time of the sale he was without knowledge of the alteration. 

A similar decision was given in the case of Dyke v. Gower (1892), i Q.B. 220 ; 
65 L.T., 760. In that case a retailer of milk put into a pail 8 gallons of 
unskimmed milk, which she sold to her customers, dipping it out of the pail 
from time to time with a measure. The sale extended over a space of between 
four and five hours, during the whole of which time, owing to the neglect of 
the retailer to keep the milk stirred, the creara was continually rising to the 
surface. When not more than 2 quarts remained, a pint of milk was pur- 
chased by an inspector for analysis, and was found to be deficient in fat to 
the extent of 33 per cent. The deficiency was not disclosed to the purchaser. 
The court held on appeal that the seller was guilty of an offence under this 
section, and that the words ' so altered ' referred to a physical alteration of 
the article, irrespective of the intent with which the alteration is made. 

In Morris v. Corbett (1892), 56 J. P., 649, a similar decision was given. In 
that case the servant of a dairyman, being short in his supply of milk, bought 
2 gallons from another dairyman, and mixed it with his own, and sold the 
mixed milk to his customers. An inspector bought -|- pint of it, and it was 
found to be deficient in fat to the extent of 20 per cent. It was held that, 
although neither the dairyman nor his servant knew, or had reason to know, 
that the fat had been abstracted, this was no defence, and that the case was 
governed by Pain v. Boughtwood and Dyke v. Gower, supra. 

It is no defence to a prosecution under this section for the vendor to put 
forward a special contract between him and his customer. In Fecitt v. 
Walsh (1891), 2 Q.B., 304 ; 65 L.T., 82, the appellant contracted to supply milk 
to a workhouse at a certain price under a contract, which provided that 
the milk was to contain a certain percentage of fat, was to be tested on 
delivery, and a reduction was to be made on the price in respect of any 
deficiency in fat. Samples were to be taken from each of the cans in which the 



THE SALE OF FOOD AND DRUGS ACT, 1875 25; 

<laily supply was delivered. While the daily supply in five cans was being 
delivered, an inspector, under Section 3 of the Act of 1879, procured a sample 
from each of the five cans, and on analysis it was found that there was a large 
deficiency of fat in two of the samples. Separate informations under this 
section were laid against the vendor (the appellant) in respect of these two 
samples. The justices convicted, and imposed a separate penalty upon each 
information. On appeal, it was held that the provisions in the contract as to 
deficiency of cream were immaterial in the determination of the question 
whether the appellant had committed an offence under the Act. It was also 
held that the procuring of each sample was a separate transaction, and that 
the appellant had committed an offence as to each of the two cans. 

3 As to what is ' sufficiency of disclosure,' the following decisions have been 
given : 

In Jones v. Davies (1893), 69 L.T., 497 ; 57 J. P., 808, the appellant (Jones) 
purchased from the respondent (Davies) a tin of condensed milk. At the 
time of purahase the attention of the purchaser was not called to any label 
on the tin ; but he saw on it a label with ' Condensed Milk : Swiss Dairy Brand,' 
in large letters, and in smaller type on the back of the tin, ' Swiss Dairy 
Brand.' This tin contains skimmed milk prepared with the finest sugar. It 
wiU be found cheaper than ordinary fresh milk, and useful for all house- 
hold purposes. The Condensed Milk Company of Ireland (Limited), Limerick.' 
It was proved that 93 per cent, of the butter-fat had been abstracted. The 
court held that there had been sufficient disclosure that the milk had been 
skimmed before condensation. This decision was followed in Piatt v. Tyler 

(1894), 58 J-P-. 71. 

But see Section 11 of Act of 1899, which provides that every tin or other 
receptacle containing condensed, separated, or skimmed milk must bear a 
label clearly visible to the purchaser. 

In Spiers and Pond v. Bennett (1896), 2 Q.B., 65 ; 74 L.T., 697, the appel- 
lants (Spiers and Pond) entered into a contract with a dairy company for the 
supply of milk, the contract containing a warranty by the company as to 
the purity of the milk to be supplied. Milk delivered under the contract was 
found deficient in fat to the extent of 1 7 per cent. The deficiency was caused 
by the milk being poured into a vessel by one of the appellants' servants in 
such a way that the milk poured into the vessel contained a greater proportion 
of cream than the milk remaining in the vessel from which the milk was 
poured. Upon a glass in which milk was served to a purchaser were engraved 
the words, ' Not guaranteed as ijew or pure milk, or with all its cream : see 
notices,' and upon the counter was a notice to the effect that all milk pur- 
chased by the appellants was purchased by them under a warranty of its 
purity and genuine quality ; that they took all possible precautions to insure 
its supply to their customers in proper condition, but were unable to guarantee 
it as new, pure, or with all its cream, and, therefore, did not sell it as such. It 
was held by the High Court (reversing the decision of the magistrate) that, 
assuming that the facts showed an abstraction from the milk, there had been 
a sufficient disclosure by the appellants of the alteration to satisfy the re- 
quirements of the section. 

In Petchey v. Taylor (1898), 62 J. P., 360 ; 78 L.T., 501, a tin of condensed 
milk was sold as condensed skimmed railk. On the tin were printed the 
words, ' This tin contains skimmed milk.' The tin, in fact, contained sepa- 
rated milk, from which 97 per cent, of the original fat had been abstracted. 
It was proved as a fact that no more than 63 per cent, of the original fat 
could be abstracted by the process of skimming. It was held that the label 
did not give proper and sufficient notice of the alteration on the milk. 

By Section 1 1 of the Act of 1 899, every tin or receptacle containing condensed, 
separated, or skimmed milk must bear a label in large, legible type, and clearly 



256 MEAT AND FOOD INSPECTION 

visible to the purchaser, on which the words, ' Machine-skimmed Milk ' or 
' Skimmed milk,' as the case may require, are printed in large and legible 
type, under penalty for a contravention not exceeding ;^io. 

* Section 17 of the Act of 1899 imposes a penalty on a second conviction 
not exceeding ;^50, and upon any subsequent conviction not exceeding ;^ioo ; 
and where a person guilty of an offence is liable to a fine not exceeding ;^5o, 
and the offence, in the opinion of the court, was committed by the personal 
act, default, or culpable negligence of the accused, he is liable, if the court 
is of opinion that a fine will not meet the circumstances of the case, to im- 
prisonment, with or without hard labour, for a period not exceeding three 
months. 

10. Appointment and Duties of Analysts, and Proceedings 
to obtain Analysis. — In the City of London and the hberties 
thereof the Commissioners of Sewers of the City of London and 
the hberties thereof, and in all other parts of the metropolis the 
vestries and district boards acting in execution of the Act for 
the better local management of the metropolis/ the court of 
quarter sessions of every county/ and the town council of every 
borough having a separate court of quarter sessions, or having 
under any general or local Act of Parliament or otherwise a 
separate police establishment, may, as soon as convenient after 
the passing of this Act, where no appointment has been hitherto 
made, and in all cases as and when vacancies in the office occur, 
or when required so to do by the Local Government Board, 
shall, for their respective city, districts, counties, or boroughs, 
appoint one or more persons possessing competent knowledge, 
skill, and experience, as analysts of all articles of food and drugs 
sold within the said city, metropolitan districts, counties, or 
boroughs, and shall pay to such analysts such remuneration as shall 
be mutually agreed upon, and may remove him or them as they shall 
deem proper ; but such appointments and removals shall at all 
times be subject to the approval of the Local Government Board, 
who may require satisfactory proof of competency^ to be supplied 
to them, and may give their approval absolutely or with modifica- 
tions as to the period of the appointment and removal, or other- 
wise : provided that no person shalP hereafter be appointed an 
analyst for any place under this section who shall be engaged 
directly or indirectly in any trade or business connected with the 
sale of food or drugs in such place. 

In Scotland the like powers shall be conferred, and the like duties 
shall be imposed upon the commissioners of supply^ at their ordinary 
meetings for counties, and the commissioners or boards of police, or 
where there are no such commissioners or boards, upon the town 
councils for boroughs^ within their several jurisdictions ; provided 
that one of her Majesty's Principal Secretaries of State in Scotland 
shall be substituted for the Local Government Board of England.'' 



THE SALE OF FOOD AND DRUGS ACT, 1875 257 

In Ireland the like powers and duties shall be conferred and 
imposed respectively upon the grand jury of every county and 
town council of every borough, provided that the Local Government 
Board of Ireland shall be substituted for the Local Government 
Board of England. 

^ By Section 4 (i) of the London Government Act, 1899 {62 and 63 Vict. , 
c. 14) elective vestries and district boards in the County of London are 
abolished and their powers and duties as from November i, 1900, are trans- 
ferred to the burgh councils^created by thatJAct. 

2 By Section 3 of the Local Government Act, 1888 (51 and 52 Vict., c. 41) 
the administrative business of quarter sessions is transferred to county 
councils, including the appointment, removal, and ^fixing the remuneration , 
of public analysts. 

^ See Section 3 (5) of Act of 1899 and note thereto as to proof of com- 
petency required. 

* By Section 3 (i) of the Act of 1899 the appointment of a public analyst 
by every local authority is made compulsory. 

s Now the County Council Local Government (Scotland) Act, 1899 (52 and 
53 Vict., c. 50, s. II [i]). 

^ Section 33 (6) defines ' borough ' in Scotland as ' any royal burgh and any 
burgh returning or contributing to return a member to Parliament.' See 
also Burgh Police (Scotland) Act, 1892, s. 432, which provides that ' the 
commissioners of any burgh under this Act shall be the local authority under 
the Sale of Food and Drugs Act, 1875.' By Sections 7 and S of the Town 
Councils (Scotland) Act, 1900, commissioners of burghs cease to exist, and 
their rights, powers, authorities, and duties are vested in town councils. 

"^ This provision vested the powers and duties of enforcing the Acts in the 
Secretary for Scotland, but the Act of 1899, s. 23, transfers these powers 
and duties to the Local Government Board for Scotland. 

11. Town Council of a Boroug-h may eng-ag-e the Analyst of 
another Boroug-h or of the County.— The town council of any 
borough may agree that the analyst appointed by any neighbouring 
borough, or for the county in which the borough is situated, shall 
act for their borough during such time as the said council shall 
think proper, and shall make due provision for the payment of his 
remuneration, and if such analyst shall consent, he shall during 
such time be the analyst for such borough for the purposes of 
this Act. 

12. Power to Purchaser of an Article of Food to have it 
Analysed. — Any purchaser of an article of food or of a drug in 
any place being a district, county, city, or borough where there is 
any analyst appointed under this or any Act hereby repealed shall 
be entitled, on payment to such analyst of a sum not exceeding 
ten shillings and sixpence, or if there be no such analyst then 

17 



258 MEAT AND FOOD INSPECTION 

acting for such place, to the analyst of another place, of such sum 
as may be agreed upon between such person and the analyst, to 
have such article analyzed by such analyst, and to receive from 
him a certificate of the result of his analysis. 

The decisions under this section have mainly had reference to the ques- 
tion whether a private purchaser who purchased an article for consumption 
could prosecute for adulteration without complying with the provisions of 
Section 14. The Court of Queen's Bench, in the case of Buckler v. Wilson 
(1896), I Q.B., 83 ; 73 L.T., 580, has authoritatively decided this question in 
the affirmative, and that, in the case of such a purchase, the analysis need not 
be made by an official analyst. It seems to be clear that the certificate of 
the analyst in such a prosecution would not be accepted as prima facie evi- 
dence of the facts therein stated, as provided in Section 21, as the expression 
' such proceeding ' in that section applies to proceedings under Section 20 , 
where a sample has been taken by an officer for analysis under Section 13. 
It will, therefore, be necessary for the analyst in the case of a prosecution in 
respect of a private purchase to attend the trial and prove the analysis. 

In a prosecution in respect of a private purchase, a copy of the certificate 
will require to be served upon the accused, along with the summons or com- 
plaint (Section 19 of the Act of 1899), which provides for the service of a copy 
of the certificate ' in any prosecution.' 

See Wilson V. McLaughlin, (1907), S.C. (J.), 61 ; 44S.L.R., 469 (fuUy referred 
to under Section 33 [9]), where Lord Ardwall said : ' I have therefore no hesi- 
tation in saying that the persons who are authorized to institute proceedings,, 
whether a purchaser under Section 12 or an official under Section 13, are 
entitled to prosecute complaints such as the present, as private prosecutors 
at their own instance, without concurrence of the Procurator Fiscal or other 
public prosecutor.' 

13. Officer named to obtain a Sample of Food or Drug- to 
submit to Analyst. — Any medical officer of health, inspector of 
nuisances, or inspector of weights and measures, or any inspector of 
a market, or any police constable"- under the direction and at the 
cost of the local authority appointing such officer, inspector, or 
constable, or charged with the execution of this Act,^ may procure 
any sample of food or drugs, and if he suspect the same to have 
been sold to him contrary to any provision of this Act, shall submit^ 
the same to be analyzed by the analyst of the district or place for 
which he acts, or if there be no such analyst then acting for such 
place, to the analyst of another place, and such analyst shall, upon 
receiving payment as is provided in the last section, with all con- 
venient speed analyze^ the same and give a certificate^ to such 
officer, wherein he shall specify the result of the analysis. 

1 By Sections i (3) and 2 of the Act of 1899, the Commissioners of Customs, 
the Local Government Board, and the Board of Agriculture are in certain 
circumstances empowered to take samples of articles of food, and for this 
purpose their officei"s have the same powers as inspectors under the Act. 

See Section 2 of the Act of 1907, which empowers officers of the Board of 
Agriculture and Fisheries, or of the Local Government Board, and in certain 
cases officers of a local authority, to take samples in butter factories and in 



THE SALE OF FOOD AND DRUGS ACT, 1875 259 

premises registered for the manufacture of margarine, margarine cheese, and 
milk-blended butter. 

In Hale v. Cole (1891), 55 J. P., 376, it was decided that, where a constable 
who made a purchase for analysis prosecuted for a contravention of the Act, 
it was not necessary to prove as a condition precedent that he was directed 
to prosecute by the local authority by whom he was appointed. 

In Connor v. Butler (1902), 2 I.R., 569, it was held by a majority of the 
judges of the King's Bench Division in Ireland that the local authority had 
performed its duty by appointing an inspector, and that when an inspector 
has once been appointed, he may take proceedings at his own discretion, and 
without any special authorization from the local authority appointing him. 

2 The person appointed to prosecute must be any one or more of the 
officials named, but the appointed officer need not personally make the pur- 
chase. The purchase may be made by a deputy. The officers charged with 
the executien of the Act became so well known that, if purchase by them per- 
sonally were necessary, the execution of the Act would in many cases be 
impossible. The cases in which purchase by deputy has been sustained are 
Harder v. Scott (1880), s Q.B.D., 552; 42 L.T., 660; Smith v. Stace (1881), 
45 J. P., 141 ; Garforth v. Esam (1892), 56 J. P., 521 ; Macaulayv. MacKirdy 
(1893), 20 R. (J.), 58, 3 W., 464; Massey v. Kelso (1902), 4 F. (J.), 73. A 
police constable acting under the instructions of an officer duly appointed 
under the Act is an of&cer within the meaning of the section. Farley v. 
Higginbotham (1898), 42 S.J., 309 ; 104 L.T.J. , 410. 

3 There is no time stipulated within which the sample must be submitted, 
but it should be done immediately. Proceedings cannot be instituted after 
the expiry of twenty-eight days from the time of the purchase, and the summons 
or complaint must, with a copy of the analyst's certificate, be served upon 
the accused not less than fourteen days before the day fixed for the hearing 
(Act of 1899, Section 19 [i]). 

* In the case of a purchase for analysis the analysis is a condition precedent 
to a prosecution [Peart v. Barstow (1880), 44 J. P., 699 ; Smart and Son v. 
Watts (1895), I Q.B., 219 ; 71 L.T., 768), but this is not so in the case of aprivate 
prosecution [Bucklers. Wilson (1896), i Q.B., 83; 73 L.T., 580). 

2 The time within which the certificate must be given is not fixed, but it 
should be given without delay, for the reasons explained in note 3, supra. 
See Section 18 and Schedule as to form of certificate. 

See Section 3 of Act of 1879, and Section 14 of Act of 1899, conferring power 
upon officers naraed in this section to take samples on delivery. 

14. Provision for Dealing" with the Sample when Pur- 
chased. — The person purchasing^ any article with the intention of 
submitting the same to analysis shall, after the purchase shall have 
been completed, forthwith^ notify to the seller or his agent ^ selling 
the article his intention to have the same analyzed by the public 
analyst,* and shall [p-ffer tof divide the article into three parts, to 
be then and there separated, and each part to be marked and sealed 
or fastened up in such manner as its nature will permit, and shall, 
if required to do so, [proceed accordingly, and shallf deliver one of 
the parts to the seller or his agent. ^ 

He shall afterwards retain one of the said parts'' for future 

17 — 2 



26o MEAT AND FOOD INSPECTION 



I 



comparison, and submit the third part, if he deems it right to have 
the article analyzed, to the analyst. 

^ After decisions in the English High Court to the contrary [Parsons v. 
Birmingham Dairy Company (1882), 9 Q.B.D., 172 ; 46 J. P., 727 ; and Harris v. 
Williams (1889), 6 T.L.R., 47), it is now settled that the words ' person pur- 
chasing ' do not refer to a private purchaser for consumption, but to a pur- 
chaser for analysis. This has been authoritatively settled by the cases of 
Buckler v. Wilson (1896), i Q.B., 83 ; 73 L.T., 580, following the decision of 
the Irish judges in the case of Enniskillen Union [Guardians) v. Hilliard 
(1884) , 14 L.R. (Irish), 214. In delivering judgment in Buckler v. Wilson, 
Lord Russell of Killowen said : ' I agree with the reasoning of the learned 
judges in the Irish case, and I entirely adopt the view of the Act expressed 
by them. It seems to me that to adopt the contention of the appellant in 
this case would be to largely restrict the operation of a salutary Act, and to 
exclude that class of cases, of which the present is an example, where there is 
a contract for the delivery of provisions within the Act, which may extend 
over a considerable period of time, and also the class of cases in which pro- 
visions are purchased from time to time in small bulk, without any suspicion 
at the time of purchase of any deceit being practised by the seller.' 

This section does not apply to a purchase of a sample on delivery under 
Section 3 of the Act of 1879, and Section 14 of the Act of 1899 ; and it is 
not necessary for the officer procuring such sample to notify to the seller or 
his agent that he intends to have the sample analyzed ; nor is it necessary to 
deliver to the seller or his agent a portion of the sample, Rouch v. Hall (1880), 
6 Q.B.D., 17 ; 45 J. P., 220 ; Rolfe v. Thompson (1892), 2 Q.B., 196 ; 67 L.T., 
295. In Morton v. Fyfe (1896), 24 R. (J.). 9 ; 2 Adam, 174, a similar decision 
was given, but it was stated by the judges that they so decided with 
hesitation, and only in deference to the decision in the two English cases 
above cited. These decisions, however, are not now authoritative as to milk, 
margarine, or margarine cheese, as, by Section 10 of the Act of 1899, the person 
taking a sample of milk in course of delivery, or of margarine or margarine 
cheese forwarded by a public conveyance, must forward a portion of the 
sample to the consigner, if his name appear on the can or package containing 
the article sampled. See note 7 to Section 3 of Act of 1879, p. 298. 

2 There are two decisions as to the meaning of ' forthwith.' In Parsons 
V. Birmingham Dairy Company (1882), 9 Q.B.D., 172 ; 46 J. P., 727, it was held 
that notice given two days after the delivery of the article was not given 
' forthwith.' On the other hand, in the case of Somerset v. Miller (1890), 
54 J. P., 614, an inspector sent a constable in plain clothes into the respon-i 
dent's inn to purchase a bottle of gin. Two minutes after the constable had 
left the shop with the gin-bottle both men went inside and told the seller that 
the gin had been purchased for analysis, and divided it as required by the 
section. It was held by the High Court (reversing the decision of the jus- : 
tices) that the purchase had been notified ' forthwith.' I 

3 In Rouch v. Hall, supra, where the sample was taken on delivery at a 1 
railway-station, it was held that a railway porter with whom the third-part 
sample was left, and who was told that the purchase was made for analysis, i| 
was not the agent of the seller for the purpose of receiving notification. 

4 In Barnes v. Chipp (1878), 3 Ex. D. 176; 38 L.T., 570, it was held to be 1 
a condition precedent to a prosecution that the officer purchasing should 
notify to the seller or his agent that he intended to have the sample analysed 
by the public analyst, and that it was not sufficient to say simply that the 
article had been bought for analysis, without saying ' by the public analyst.' 



THE SALE OF FOOD AND DRUGS ACT, 1875 261 

In the case of Wheekey v. Webb (1887), 51 J. P., 661, the seller was informed 
that the article was to be examined by the ' county analyst.' The seller 
knew that the ' county analyst ' was the ' public analyst.' The notice was 
held to be sufficient. Mr. Justice Cave said : ' No particular form of words 
is required, nor even any words at all. What is necessary is that the seller 
must know that the samples are to be taken for the purposes of analysis, so 
that he may see that they are fairly taken. . . . The case of Barnes v. Chipp 
is no authority for more than this — that the seller must know that the analysis 
is to be made by an official person. In that case the court came to the con- 
clusion that the seller did not know that there was to be an official analysis. 
That was a totally different case from this, for here the justices have found 
that the seller did know that there was to be an official analysis.' The safe 
course is to give notice in the exact words of the section. 

Notiiication to the seller is a condition precedent to a prosecution, notwith- 
standing the fact that the seller, when the purchase was made, admitted 
adulteratiojj. {Smart and Son v. Watts (1895), i Q.B., 219). 

5 The words italicized and in square brackets are repealed by Section 1 3 of 
the Act of 1899. 

6 In Mason v. Cowdary (1900), 2 Q.B., 419; 82 L.T., 802, an inspector 
bought six bottles of camphorated oil for the purpose of analysis. He 
divided them into three lots of two bottles each, putting each lot into a separate 
bag, and sealing them. He handed one of the lots to the seller, sent another 
for analysis, and retained the third. He did not open the bottles or mix or 
divide their contents, and there was no evidence that all the bottles were 
identical. It was held that he had not complied with the requirements of the 
section. This case was distinguished in Smith v. Savage (1905), i K.B., 88 ; 
21 T.L.R., 424, where the purchaser asked for cream of tartar, which was put 
up in penny packets, of which he bought four. He emptied the contents into 
one heap, mixed them, and divided the mixture into three parts, and other- 
wise dealt with them as required by this section. Held that each packet was 
not a separate article, and that the section had been complied with. 

The case of Crawford v. Harding (1906), 14 S.L.T., 422, shows the necessity 
of exercising the utmost care in taking samples. The appellant (Crawford) 
forwarded to a co-operative store 22 gallons of milk in three cans, two 
containing 8 gallons each and one containing 6 gallons. The milk was 
delivered under a contract of sale by which the appellant guaranteed the 
milk to be ' pure milk_ and in conformity with the requirements of the 
Board of Agriculture, September 1, 1901.' Into one large vessel 20 gallons 
or thereby were poured into the contents of the two 8-gallon cans, and about 
4 gallons from the 6-gallon can, and into another vessel were poured the re- 
maining 2 gallons or thereby from the 6-gallon can. It was intended by the 
consignees that the public should be served with sweet milk by retail from 
these two vessels. As each vessel was filled an inspector, who had been 
present and watching the process, took therefrom a sample as on delivery 
for analysis. This he did by dipping into each vessel the tin dipper used at 
the dairy for that purpose, and pouring the contents into a jug. From the 
jug he poured the milk, in each case, into three bottles used for such samples, 
sealed the bottles up, and made the statutory intimation. The analysis 
showed that, while the sample taken from the 20-gallon vessel contained 
3 '05 per cent, of milk-fat, the sample taken from the vessel containing 2 gallons 
or thereby contained only 2-8 per cent, of milk-fat, thus showing a deficiency in the 
milk sampled from the latter vessel of 6 per cent, under the standard. In a 
prosecution with reference to the latter sample the appellant explained that 
the deficiency might have arisen by the fatty portion of the milk having risen 
to the top of the 6-gallon milk-can, and been poured away with the first 



262 MEAT AND FOOD INSPECTION 

4 gallons emptied therefrom into the 20-gallon vessel. The sheriff convicted. 
On appeal, the conviction was quashed, on the ground that the sample taken 
from the 2 gallons at the bottom of the can was not a fair sample of the 
contents of the can. In giving judgment. Lord Low said : ' The milk in the 
8-gallon cans admittedly contained a larger percentage of milk-fat than the 
minimum required by statute. The milk, therefore, in these cans was 
unobjectionable. In regard to the 6-gallon can, if the milk which it contained 
had been found to fall short of the minimum (3 per cent.), the conviction 
might have been justified. But, in my opinion, that has not been proved. 
What was proved was that, after 4 gallons of the 6 gallons contained in the 
can had been immixed with the 16 gallons of milk taken from the two 8-gallon 
cans, the remaining 2 gallons only contained 2-8 per cent, of milk-fat. But 
what was the percentage of milk-fat contained in the 4 gallons which had 
been poured out no one knows. That, indeed, would not have been material 
if it were possible to say that the percentage of fat in the milk at the bottom 
of the can was necessarily the same as in the milk at the top of the can. But 
that is not the case. The fat has a tendency to rise, and it is proved that if 
the can had been at rest for a considerable time the fat would have risen to 
the top, with the result that the milk at the top of the can would have con- 
tained a much larger percentage of fat than the milk at the bottom of the 
can. . . . The result, therefore, is (i) that it was not proved that the can had 
not been at rest after being filled for a sufficient time to allow of the fat rising 
to the top to an appreciable extent ; and (2) that if the can was full (a point 
in regard to which there was no evidence), the oscillation of the cart would 
only have prevented the fat rising to the top " to a considerable extent." 
So standing the evidence, I think that it is impossible to say that the 
sample taken from the 2 gallons at the bottom of the can was a fair sample 
of the contents of the can, or that an analysis of that sample can be held as 
proving that the 6 gallons which the can contained did not, when taken 
together, contain the requisite percentage of milk-fat.' 

In Lowery v. Hallard (1906), I.K.B., 398 ; 22 T.L.R., 186, it was held that 
the three parts need not be exactly equal, but that each must be of sufficient 
size to enable a satisfactory analysis to be made. 

'^ In Hutchison v. Stevenson (1902), 4 F. (J.), 69 ; 3 Adam, 651, the respon- 
dent was charged with a contravention of Section 6 of this Act by selling 
adulterated milk. At the hearing of the complaint the respondent called 
for the production of the third sample in order that it might be siibmitted 
to the Government analyst. The prosecution was unable to produce it, 
the bottle containing it having been accidentally broken. The Court of 
Justiciary held that the failure to produce the sample was fatal to a convic- 
tion. 

The decision in this case was commented upon, and not followed (the 
circumstances being somewhat different) in the Enghsh case of Suckling v. 
Parker (1906), 22 TT.L.R., 357, which was a prosecution under Section 6 of 
this Act for selling sweet milk deficient in fat to the extent of 12 per cent. 
The third-part sample retained by the purchaser when produced at the 
hearing was found to have fermented, and to have forced the cork out of 
the bottle, and thus to have allowed part of the contents to escape, so that 
they were incapable of analysis. It was held (Ridley and Darling, J J.) , affirming 
the decision of the magistrates, that this did not prevent the justices from 
convicting the accused of the offence under Section 6, if it appeared that 
the part retained had been properly sealed or fastened as required by 
Section 14, and the case was sent back to the justices to have the facts 
stated on this point. The appellant relied on the decision in Hutchison v. 
Stevenson, supra. Mr. Justice Ridley, in his judgment, said : ' The point taken 
was that the statute required not only the production of the third sample, 
but also that it should be sent to Somerset House and analysed. In support 



THE SALE OF FOOD AND DRUGS ACT, 1875 263 

of that proposition the Scotch case of Hutchison v. Stevenson was quoted. In 
that case it appeared that, on the sample being called for, the respondent 
stated that the bottle containing it had burst some days before, and there- 
fore it could not be produced. The court said that it was a condition precedent 
to a conviction that the sample should be produced. So far as that went, he 
thought that followed from Section 21 of the Act of 1875. But in the present 
case the sample was produced, although it was not in a condition that the 
authorities at Somerset House could report upon it. In the Scotch case the 
Lord Justice-Clerk said : " The statute further enacts that if the accused so 
desires it, he is entitled to have the third sample sent to Somerset House for 
analysis by the Government analyst there, so that his analysis may be pro- 
duced in evidence at the trial. That in this case it became impossible, because 
the third sample, which was retained by the purchaser, had ceased to exist 
before the trial." That was true, but in the case now before them the sample 
had not ceased to exist, but it had got into such a condition that it could not 
be examined. It had been produced. In all probability this point was not 
present to'the Scotch court. It seemed to him that the Act did not say 
that there could not be a conviction unless the analysis made at Somerset 
House was produced at the hearing. There was, indeed, a provision in 
Section 21 of the Act of 1899 making it obligatory on the justices, on the 
request of either party, to " cause an article of food or drug to be sent to the 
Commissioners of Inland Revenue for analysis," but there was nothing in that 
to show that it must be the third sample that must be so sent. It had been 
argued that it miist be the third sample because of the concluding words of 
Section 14 of the Act of 1875. He did not consider that it followed from 
those words that it niust be the third sample. It was a strong thing to say 
that if all the preliminary steps had been properly taken, and that if, without 
any default on the part of the inspector, the third sample was spoiled in some 
way owing to natural causes, the seller should escape in a case where it 
was shown that he had sold milk or other article of food not of the nature, 
substance, or quality demanded.' 

15. Provision when Sample is not Divided. — // the seller or 
his agent do not accept the offer of the purchaser to divide the article 
purchased in his presence, the analyst receiving the article for analysis 
shall divide the same into two parts, and shall seal or fasten up one 
of those parts, and shall cause it to he delivered, either upon receipt 
of the sample or when he supplies his certificate to the purchaser, who 
shall retain the same for production in case proceedings shall after- 
wards he taken in the matter. 

This section is repealed by Section 27 of the Act of 1899. 

16. Provision for sending- Article to the Analyst through 
the Post Office. — If the analyst do not reside within two miles of 
the residence of the person requiring the article to be analyzed, 
such article may be forwarded to the analyst through the post 
office^ as a registered letter,^ subject to any regulations which the 
Postmaster-General may make in reference to the carrying and 
delivery of such article, and the charge for the postage of such 
article shall be deemed one of the charges of this Act or of the 
prosecution, as the case may be, 

^ This method of sending the sample is not compulsory ; other means of 
conveying it may be used. 

^ Section 15 of the Act of 1899 substitutes 'registered parcel.' 



264 MEAT AND FOOD INSPECTION 

17. Person refusing* to Sell any Article to any Officer 
Liable to a Penalty. — If any such officer, inspector, or constable, I 
as above described,^ shall apply to purchase any article of food or i 
any drug exposed to sale,^ or on sale by retail on any premises or { 
in any shop or stores,^ and shall tender the price for the quantity* j; 
which he shall require for the purpose of analysis, not being more ; 
than shall be reasonably requisite, and the person exposing the same 
for sale shall refuse to selP the same to such officer, inspector, or 
constable, such person shall be liable to a penalty not exceeding 
ten pounds.^ 

^ This section does not apply to private purchasers, but it applies to pur- ■ 
chases by officers of the Local Government Board and Board of Agriculture ' 
under Section 2 of the Act of 1899. 

2 This section applies to food exposed for sale, either wholesale or retail. 
This was decided by the case cf McHugh v. McGrath (1894), 2 Irish Reports, 71, 
where a farmer selling butter at a butter market refused to break bulk on 
an officer applying to purchase i pound of butter for analysis. The court 
held that this section applied to sales by wholesale as well as retail, and that 
the farmer should be convicted. 

3 By Section 5 of the 1879 Act it is enacted that the words ' premises ' 
and ' shop or stores ' shall extend to ' any street or open place of public 
resort.' 

* Section 18 of the 1899 Act enacts that, where an article of food or drug is 
exposed for sale in an unopened tin or packet duly labelled, a seller is not 
bound to sell it except in such tin or packet. 

s In the case of Payne v. Hack (1894), 58 J. P., 165, in which a contravention 
cf this section was charged, one of the questions raised was whether an officer, 
when applying to purchase an article for analysis, is entitled to demand that 
he be supplied out of a particular vessel. The officer asked for rum, and 
was supplied out of a bottle ; after tasting it, he asked for ^ pint of rum. 
The publican was about to supply it frora another vessel, but the officer 
demanded that he should be supplied from the bottle from which the first 
quantity he got was drawn. The publican refused. He was summoned and 
convicted, and on appeal the conviction was sustained, the court holding that 
the publican was bound to supply the officer from the same bottle as that 
from which he first supplied him. Bruce, J., said : ' Nothing would be easier 
than for the seller to keep two vessels and supply purchasers out of one when 
the article was intended for consumption, and to supply out of the other when 
the article was intended for analysis.' 

A similar decision was given by the High Court of Justiciary in Scotland in 
Soidar v. Kerr (1907), B.C. (J.), 49 ; 14 S.L.T., 875. An inspector applied to 
purchase from the respondent three-halfpenny worth of sweet milk out of a 
can on his cart, and out of the cran of the can, in the same way as the re- 
spondent was supplying out of the can to his ordinary customers. The 
respondent refused, but offered to supply the inspector from the top of the 
can instead of from the cran thereof as demanded. In a prosecution in which 
the respondent was charged with a contravention of this section, and alter- 
natively with a contravention of Section 16 of the Act of 1S99 (impeding the 
officer in the discharge of his duty), an objection taken on behalf of the 
respondent to the relevancy of the charge under both sections was sustained 



THE SALE OF FOOD AND DRUGS ACT, 1875 265 

by the sheriff, and the complaint dismissed. On an appeal to the High 
Court of Justiciary the decision was upheld as regards the charge under 
Section 16 of the Act of 1899, but reversed as regards the charge under this 
section. The courts (Lords Mackenzie, Dundas, and Ardwall) found that 
' an inspector duly appointed under the Sale of Food and Drugs Acts, applying 
to purchase a sample of sweet milk from a can out of which a retailer is selling 
and tendering the price, is entitled to demand to be supplied in the same 
manner as that in which the retailer was on the occasion libelled supplying the 
public. 

A second question in Payne v. Hack, supra, was whether an officer, when 
applying to purchase an article for analysis, is bound to show his authority. 
The person refusing to sell did not in this case demand to see the officer' s 
authority, and it was held, in these circumstances, that he was not bound to 
show it ; but Kennedy (J.) stated he was inclined to think that if the officer 
had no badge or mark to show his authority — e.g., being dressed in plain 
clothes, and»being unknown to the seller — it would be necessary for the officer 
to show that authority if the seller so demanded, before it could be held that 
the seller had refused to sell within the meaning of the statute. 

In Farley v. Higginbotham (1898), 42 S.J., 309, a policeman, on the order 
of an inspector, asked the servant of a shopkeeper for half a pound of coffee, 
and was supplied. He tendered in payment 2s., and received is. 3d. change. 
On being told that the coffee had been purchased for analysis, and as the police- 
man, who had divided the coffee into three parts, was writing out the labels, 
the defender's manager, who had entered the shop, seized the coffee and upset 
it on the floor. The policeman demanded another half-pound of the same 
coffee, and was refused. He was offered back his money, but refused it, and 
no second tender of money was made. Held that there had been a refusal to 
sell, that the fact that no second tender had been made was immaterial, and 
that the shopkeeper was liable for the act of his servant. 

In Hewson v. Gamble (1892), 56 J. P., 534, the facts were somewhat similar. 
An inspector had bought and paid for a sample of coffee. When told that it 
had been bought for analysis, the seller snatched it out of the inspector's hand, 
informed him that it was not sold as pure coffee, pointed to a label on the tin, 
and oft'ered the inspector his money back, which was refused. Held that the 
snatching and keeping of the tin was not larceny, there being no evidence of 
felonious intent, but that the seller was liable to a prosecution under Section 16 
of the Act of 1899, for obstructing the inspector in the course of his duty. 

^ Section 17 of the Act of 1899, imposing increased penalties for subsequent 
offences, does not apply to offences under this section. 

18. Form of the Certificate. — The certificate of the analysis 
shall be in the form set forth in the schedule hereto, or to the like 
effect. 

For notes on decisions relative to the sufficiency of the certificate as 
evidence, see Section 21, p. 268. For those relating to the form of certificate, 
see Schedule, p. 292. 

19. Quarterly Report of the Analyst.— Every analyst ap- 
pointed under any Act hereby repealed or this Act shall report 
quarterly to the authority appointing him the number of articles 
analyzed by him under this Act during the foregoing quarter, and 
shall specify the result of each analysis and the sum paid to him 



266 MEAT AND FOOD INSPECTION 

in respect thereof, and such report shall be presented at the next 
meeting of the authority appointing such analyst, and every such 
authority shall annually transmit to the Local Government Board, 
at such time and in such form as the Board shall direct, a certified 
copy of such quarterly report. 

20. Proceeding's agrainst Offenders.— When the analyst having 
analyzed any article shall have given his certificate^ of the result, 
from which it may appear that an offence against some one of the 
provisions of this Act has been committed, the person causing the 
analysis to be made^ may take proceedings for the recovery of the 
penalty herein imposed for such offence before any justices^ in 
petty sessions assembled having jurisdiction in the place where 
the article or drug sold was actually delivered to the purchaser,* 
in a summary manner. 

Every penalty imposed by this Act shall be recovered in England 
in the manner prescribed by the eleventh and twelfth of Victoria, 
chapter forty-three. In Ireland such penalties and proceedings 
shall be recoverable, and may be taken with respect to the police 
district of Dublin metropolis, subject and according to the pro- 
visions of any Act regulating the powers and duties of justices of 
the peace for such district, or of the police of such district ; and with 
respect to other parts of Ireland, before a justice or justices of the 
peace sitting in petty sessions, subject and according to the pro- 
visions of the Petty Sessions (Ireland) Act, 185 1, and any Act 
amending the same. 

Every penalty herein imposed may be reduced or mitigated 
according to the judgment of the justices.^ 

1 A certificate by a public analyst is a condition precedent to a prosecution 
by any of the officers named in Section 13 ; see Peartv. Barstow (1880), 44 J. P., 
699 ; Smart and Son v. Watts (1895), i Q-B., 219. It is not a condition precedent 
to a private prosecution that the terms of Section 14 should be complied 
with by notifying the vendor that the article had been purchased for analysis ; 
Bucklers. Wilson (1896), i Q.B., 83 ; 72, L.T., 580. 

It is not necessary that the contents of the certificate should be embodied 
in the complaint, nor is it a fatal defect that the complaint avers that the 
certificate bears what in point of fact it does not bear, provided an offence 
under the statute is relevantly libelled. In Wilson v. McLaughlin (1907), 
S.C. (J.), 61 ; 14S.L.T., 850, the respondent was charged with two offences — viz., 
(i) with a contravention of Section 6 of this Act, by selling as butter what 
was proved by the analyst's certificate to be margarine ; and (2) with a con- 
travention of Section 6 of the Margarine Act of 1887 by selling the article 
proved to be margarine, and that otherwise than in a package duly branded or 
duly marked ' Margarine,' and by delivering it in a paper wrapper on which 
the word ' Margarine ' was not printed, as required by the Act. The com- 
plaint libelling the first offence set forth that the respondent, in answer to a 
demand for butter, sold to the complainer to his prejudice as butter, and 
delivered to him ' an article, or quantity of material of the weight of a pound 
or thereby, which was not of the nature, substance, and quality of butter, 
but was " margarine." ' 



THE SALE OF FOOD AND DRUGS ACT, 1875 267 

The analyst, in his certificate (a copy of which was served with the com- 
plaint), said : ' I am of opinion that the said sample is not of the nature, 
substance, and quality of butter in respect that the fat contains 95 per cent, 
or thereby of fatty matter not derived from milk, and, therefore, extraneous 
to butter.' At the hearing before the sheriff it was stated in defence, among 
numerous other objections to the complaint, ' that the contents of the analyst's 
certificate were insufficiently libelled, and that the complaint affirms that the 
certificate bears what in point of fact it does not bear.' The Sheriff-Substi- 
tute sustained this and another objection, and dismissed the complaint. On 
an appeal to the High Court of Justiciary (Lords Ardwall, Dundas, and Mac- 
kenzie), the judgment of the sheriff was recalled. In delivering the judgment 
of the court, Lord Ardwall said : ' There are only two questions now submitted 
for our decision in the case. They relate to the objections to the competency 
of the complaint — viz., (4) that the contents of the analyst's certificate were 
insufficiently libelled, and that the complaint affirms that the certificate bears 
what in point of fact it does not bear ; and (7) that the prosecutor was not 
personally present in court, but was represented by a Law agent. With regard 
to the first of these objections, it must be noticed that it contains two distinct 
branches. With regard to the first branch, I know of no authority which 
makes it obligatory for the complainer to set forth the analyst's certificate in 
the complaint. With regard to the second branch, I think the insertion of the 
word " margarine " in the complaint which does not appear in the analyst's 
certificate is surplusage, but it does no harm. The suggestion is that the re- 
spondent was misled thereby, but I do not think that that contention can be 
supported, as the analyst's certificate, which gave him full information, was 
in terms of the statute served on him along with the complaint. On these 
grounds I am of opinion that this objection ought to have been repelled.' 
His lordship then discussed the other objection as to the right of the prosecutor 
to be represented in court by an agent, and repelled it also (as to this objection, 
see note 6 to Section 33 (9), post, p. 286). 

^ See p. 312 as to power of local inspectors to take proceedings under this 
section, although the person who took samples and caused the analysis to 
be made was an officer of the Irish Agriculture Department. 

See Section 33 (9) as to the persons entitled to sue for penalties in Scotland, 
and for notes of several decisions on questions recently much discussed in 
Scotland as to whether the officers named in Section 1 3 are entitled to instruct 
a solicitor to sign complaints and conduct the proceedings in court on 
their behalf. 

^ For 'Justices' in Scotland substitute 'Sheriff' — Section 33 (4) — and 
'Sheriff' includes Sheriff-Substitute — Section 33 (35). 

* See Section 20 (5) of Act of 1899, which provides that proceedings against 
persons for giving a warranty may be taken either in the place where the article 
of food or drug to which the warranty relates was purchased for analysis, or 
before a court having jurisdiction in the place where the warranty was given. 

s In Scotland all penalties can be modified as provided in Section 6 of the 
Summary Jurisdiction (Scotland) Act, 1881. 

In Pearks, Gunston, and Tee, Limited, v. Richardson (1902), i K.B., 91 ; 
66 J.P., 119, it was held that a summons to appear to an information under 
this Act can only be served on a limited company in the manner prescribed by 
Section 62 of the Companies Act, 1862 — that is, by being left at or sent to the 
registered office of the company. Query : Would this hold good in Scotland, 
or could a limited company carrying on business, and contravening the Act 
in a different sheriffdom from that in which the registered office was situated. 



268 MEAT AND FOOD INSPECTION 

be lawfully cited at the place of business in the sheriffdom where the offence 
was committed ? It is thought that they could, because a prosecution of a 
limited liability company for recovery of penalties is a civil, and not a criminal 
proceeding, imprisonment of a limited liability company not being competent 
(Summary Procedure (Scotland) Act, 1864, Section 28) — -Lindsay v. Low and 
Co. (1902), 4 F. (J.), 45 ; Braid v. Swan and Sons, Limited (1903), S F., 579. 
It seems, therefore, competent to cite limited liability companies in a prosecu- 
tion for recovery of penalties at their place of business within the jurisdiction 
where the offence was committed, although the registered office of the company 
is outside the jurisdiction. See Sheriff Court Act, 1876 (39 and 40 Vict., c. 70), 
Section 46 (3), which provides that a person ' carrying on a trade or business, 
and having a place of business within a county, shall be subject to the jurisdic- 
tion of the sheriff thereof in any action, notwithstanding that he has his 
domicile in another county.' By Section 3 of the same Act ' person ' includes 
' company.' 

21. Certificate of Analyst prima facie Evidence — Defendant 
and his Wife may be Examined. — At the hearing of the informa- 
tion^ in such proceeding^ the production of the certificate of the 
analyst shall be sufficient evidence^ of the facts therein stated, 
unless the defendant* shall require that the analyst shall be called 
as a witness, and the parts of the articles retained by the person who 
purchased the article shall be produced,^ and the defendant may, 
if he think fit, tender himself and his wife to be examined on his 
behalf, and he or she shall, if he so desire, be examined accordingly. 

^ ' Information.' In Scotland this means ' complaint.' 

2 This clearly means the proceeding under Section 20, which refers to 
prosecutions at the instance of an officer, who purchased for analysis under 
Section i^,, against the person from whom the sample was bought, and does 
not apply to proceedings where the article was not bought for analysis [Buckler 
v. Wilson (1896), I, Q.B., 83 ; 73 L.T., 580). 

The certificate obtained by an officer purchasing for analysis cannot be 
used as evidence against a wholesale seller who is prosecuted for giving a 
false warranty. R. v. Smith (1896), i Q.B., 596 ; 74 L.T., 348. The decision 
in Tyler v. Kingham and Son, Limited (1900), 2 Q.B., 413 ; 83 L.T., 169, is 
to the same effect. There a grocer was prosecuted under Section 6 for selling 
margarine as butter. He produced a warranty from his wholesale seller, and 
was discharged. Proceedings were then taken against the wholesale dealer 
for giving a false warranty. At the trial the analyst's certificate obtained for 
the purpose of the original prosecution was tendered to prove that the article 
sold was really margarine. It was held by Ridley and Bigham (JJ.) that the 
certificate was not evidence againsi, the wholesale dealer. Mr. Justice Bigham 
said : ' To produce a document made with reference to another case by a 
gentleman who is not called as a witness, and to say that it is evidence against 
these respondents, is absolutely contrary to the law of evidence.' 

^ The decisions as to the sufficiency of the certificate as evidence have been 
numerous in England and Scotland, and are, it must be confessed, somewhat 
conflicting. 

In the earliest case — Harrison v. Richards (1881), 45 J. P., 552, the accused 
was charged with selling milk adulterated, according to the analyst's certifi- 
cate, with 20 per cent, of water. The analyst was not examined, and no 
evidence was adduced in defence. The magistrates, thinking that the state 



THE SALE OF FOOD AND DRUGS ACT, 1875 269 

of the milk might be explained by its having stood several hours in a large can, 
from which the best milk, which would naturally rise to the top, had been 
ladled out before the purchase, dismissed the summons. On an appeal to 
the High Court, it was held that, as there was no evidence to contradict the 
certificate, it was conclusive, and that, therefore, the magistrates ought to 
have convicted. 

In MacLeod v. O'Neil (1882), 9 R. (J.), 32, decided in the High Court of 
Justiciary, in the following year, the respondent was charged with adulterat- 
ing milk by adding thereto 27 per cent, of water. The analyst's certificate 
to this effect was produced. The analyst was examined, and deponed that, 
in arriving at the conclusion that the milk had been adulterated as stated 
in his certificate, he founded on the Somerset House standard. No counter 
evidence was led, and no attempt was made by the respondent to account 
for the large percentage of water in the sample. The sheriff dismissed the 
complaint. In an appeal, the court pronounced no interlocutor, but expressed 
the opinion that the magistrate trying the case was not bound to convict 
unless he was satisfied in the whole circumstances that the article was not 
of the nature, etc., of the article demanded. 

In Fyfe v. Hamilton (1894), i A., 484, the respondent was charged with 
selling milk from which, as the analyst's certificate stated, 15 per cent, of 
fat had been abstracted. The only evidence adduced by the prosecutor 
was the analyst's certificate. A certificate from Somerset House was 
also produced, which certified an abstraction of fat to the extent of 
26 per cent. No counter evidence was adduced. The sheriff acquitted the 
respondent. 

An appeal to the High Court of Justiciary was dismissed on the ground that 
the analyst's certificate was only prima facie evidence of the facts stated in 
it, and the question whether or not there had been adulteration in the sense of 
the Act was a question of fact, on which the decision of the sheriff was con- 
clusive. Lord Adam said : ' Section 21 only provides that the certificate shall 
be prima facie proof of every fact relevantly set forth by it, and that must be 
in terms of the schedule to the Act. That schedule draws a clear distinction 
between matters of fact discovered on analysis of the sample and the opinion 
of the analyst. These are to be separately set forth, and Section 21 does not 
say that the production of the certificate shall be proof of any opinion which 
the analyst may be disposed to entertain. The analysis of the milk is a fact 
relevantly set forth in this certificate ; but when the public analyst goes on to 
say that the presence of certain percentages of substances led him to the 
opinion that the milk had been adulterated, that opinion is not a matter of 
fact as to which the statute says the certificate is, in certain cases, to be 
sufficient proof, although, no doubt, it is an opinion to which the sheriff would 
be entitled to give great weight.' A similar decision was given in Todd v. 
Cochrane (1901), 3 A., 357 ; 38 S.L.R., 801. 

In Gibson v. Fyfe (1895), 2 S.L.T., case 579, the respondent was charged 
with selling milk deficient in fat to the extent of 7 per cent, which deficiency 
was produced, as stated in the certificate, ' by the abstraction of fat or by the 
addition of skim milk to bring about the same result.' The analyst was 
examined by the prosecutor, and swore to the accuracy of his certificate. 
No evidence was led by the accused, and he was convicted. An appeal was 
dismissed, on the ground that the analyst's certificate was prima facie 
evidence, and, not having been upset, there was sufficient evidence on which 
to convict. 

In Hewitt v. Taylor (1896), i Q.B., 287 ; 74 L.T., 51, the defendant was 
charged with selling milk which, as the analyst in his certificate (after setting 
out the constituent parts of the sample) stated, had been adulterated with 
water. The analyst was not called by the defendant, but he gave evidence 
on his own behalf. The justices, on the evidence before them, dismissed the 



270 MEAT AND FOOD INSPECTION 

case. On an appeal, it was contended for the prosecutor that the analyst 
not having been called, the evidence of his certificate was conclusive. The 
court, however, refused the appeal, holding that the magistrates were right 
in deciding the case upon the whole evidence before them. 

All these cases had reference to analyses of milk. Their value as authorities 
is modified to some extent by the presumption raised by the Milk Regulations, 
1 90 1. Still, the principles which they establish are of general application. 
The result of them seems to be that, when the analyst's certificate, in the 
statutory form, is the only evidence before the court, it must be accepted as 
sufficient evidence of the facts relevantly set forth by it ; but that when there 
is other evidence, Section 21 is inapplicable, and the court will decide the case 
on the whole evidence before it. 

4 ' Defendant.' In Scotland ' defender,' and includes respondent (Sec- 
tion 33). 

s Failure to produce the third-part sample may result in the summons or 
complaint being dismissed, Hutchison v. Stevenson (1902), 4 F. (J.), 69 ; 
3 A., 651 ; and Suckling v. Parker (1906), 22 T.L.R., 357. 

22. Power of Justices to have Articles of Food and Drug- 
Analysed. — ^The justices^ before whom any complaint may be made, 
or the court before whom any appeal may be heard, ^ under this Act 
may, upon the request of either party, in their discretion cause any 
article of food or drug to be sent to the Commissioners of Inland 
Revenue, who shall thereupon direct the chemical officers of their 
department at Somerset House to make the analysis, and give a 
certificate to such justices of the result of the analysis; and the 
expense of such analysis shall be paid by the complainant or the 
defendant as the justices may by order direct. 

^ In Scotland, sheriff. 

2 See Section 21 of the Act of 1899, which provides that the justices or 
court referred to in this section shall, on the request of either party, . . . cause 
an article of food or drug to be sent to the Commissioners of Inland Revenue 
for analysis, and may, if they think fit, do so without any such request. So 
that, if the request be made by either party, the court has no option but to 
send the sample to the Government laboratory for analysis. This is frequently 
done by the justices and sheriffs. In Scotland there is no reported instance of 
the High Court having done so. 

In Dargie v. Dunbar (1884), 11 R. (J.), 37, a majority of the judges held 
that the reference to the Government analyst under this section was merely 
for the purpose of obtaining an analysis, and that his opinion as to the amount 
of fat to be found in new milk was inadmissible as evidence. Lord CraighiU, 
who dissented from this opinion, held that, the sheriff on the evidence having 
convicted, there was no question of law raised by the case, and that the 
appeal was incompetent. It is difficult to see the use of a reference to the 
Government analyst, unless the analysis is to be admissible as evidence as 
to whether or not the article is genuine. The same question can hardly be 
raised again with regard to milk now that there is a statutory standard 
for milk. 

In another Scotch case — Fyfe v. Hamilton (1894), i A., 484 — the High 
Court of Justiciary held that the Somerset House certificate was not 
conclusive, there being substantial evidence on the other side. See previous 
page for fuller note on this case. 



THE SALE OF FOOD AND DRUGS ACT, 1875 271 

23. Appeal to Quarter Sessions. — Any person who has been 
convicted of any offence punishable by any Act hereby repealed or 
by this Act by any justices may appeal in England to the next 
general or quarter sessions of the peace [which shall be held for the 
city, county, town, or place wherein such conviction shall have been 
made, provided that such person enter into a recognizance within three 
days next after such conviction, with two sufficient sureties, conditioned 
to try such appeal, and to be forthcoming to abide the judgment and 
determination of the court at such general or quarter sessions, and to pay 
such costs as shall be by such court awarded ; and the justices before 
whom such conviction shall be had are hereby empowered and required 
to take sueh recognizance ; and the court at such general or quarter 
sessions are hereby required to hear and determine the matter of such 
appeal, and may award such costs to the party appealing or appealed 
against as they or he shall think proper']. 

In Ireland any person who has been convicted of any offence 
punishable by this Act may appeal to the next court of quarter 
sessions to be held in the same division of the county where the 
conviction shall be made by any justice or justices in any petty 
sessions district, or to the recorder at his next sessions where the 
conviction shall be made by the divisional justices in the police 
district of Dublin metropolis, or to the recorder of any corporate 
or borough town when the conviction shall be made by any justice 
or justices in such corporate or borough town (unless when any 
such sessions shall commence within ten days from the date of 
any such conviction, in which case, if the appellant sees fit, the appeal 
may be made to the next succeeding sessions to be held for such 
division or town), and it shall be lawful for such court of quarter 
sessions or recorder (as the case may be) to decide such appeal, if 
made in such form and manner and with such notices as are required 
by the said Petty Sessions Acts respectively hereinbefore men- 
tioned as to appeals against orders made by justices at petty 
sessions, and all the provisions of the said Petty Sessions Acts 
respectively as to making appeals and as to executing the orders 
made on appeal, or the original orders where the appeals shall 
not be duly prosecuted, shall also apply to any appeal made under 
this Act. 

This section applies to England and Ireland only. The part printed 
in italics is repealed by the English Summary Jurisdiction Act, 1884 (47 and 
48 Vict., cap. 43, s. 4). See Section 33 (11) as to appeals in Scotland. 

24. Proof by Defendant of Exception or Provision.— 

In any prosecution under this Act, where the fact of an article 
having been sold in a mixed state has been proved, if the 
defendant shall desire to rely upon any exception or provision 



272 MEAT AND FOOD INSPECTION 

contained in this Act, it shall be incumbent upon him to prove the 
same. 

The principal exceptions and provisions to which this section applies are 
those contained in Sections 5, 6 (i) (2), and (4), 8, and 25 of this Act ; Section 6 
of the Act of 1879, and Section 20 of the Act of 1899. The exceptions do not 
require to be negatived in the information or complaint. The onus is upon the 
defendant or respondent to prove that he has the benefit of one or other of 
them. 

25. Defendant to be Diseharg-ed if he Prove that he Boug-ht 
the Article in the Same State as Sold, and with a Warranty/ 

— If the defendant in any prosecution under this Act prove to the 
satisfaction of the justices or court that he had purchased the 
article in question as the same in nature, substance, and quality 
as that demanded of him by the prosecutor, and with a written 
warranty^ to the effect, that he had no reason to believe at the 
time when he sold it that the article was otherwise, and that he 
sold it in the same state as when he purchased it,^ he shall be dis- 
charged from the prosecution, but shall be liable to pay the costs 
incurred by the prosecutor,^ unless he shall have given due notice^ 
to him that he will rely on the above defence. 

1 Along with this section, Section 20 of the Act of 1899 should be read. 
That section provides for a copy of a warranty or invoice intended to be used 
as a defence being sent to the purchaser within seven days after service of the 
summons. 

The decisions under this section are numerous and conflicting. Certain of 
the earlier have been expressly overruled ; the overruling decisions have in turn 
been overruled, doubts have been expressed as to the soundness of others, and 
as to others still regarded as authoritative, the distinctions are so fine as to 
render them almost useless as a guide to the ordinary layman. They are noted 
below in chronological order. 

2 In Rook V. Hopley (1878), 3 Ex. D., 209 ; 38 L.T., 649, the defendant was 
charged with selling adulterated lard. In defence, an invoice in the following 
terms was relied upon : ' Bought by Mr. Hopley, etc., four tins of lard. No. i, 
28 pounds each, at .' The court held that this was not a warranty, but 
simply a description of what was sold. Pollock (B.) said : ' What is required 
by the Statute is a writing expressing on the face of it that it is a warrant5^' 
See Hawkins v. Williams, infra, where an invoice was held to contain a 
warranty. 

In Harris v. May (1883), 12 Q.B.D., 97 ; 48 J. P., 261, the appellant pur- 
chased milk from a farmer under a written contract, by which the farmer 
agreed to sell to him 86 gallons of ' new and pure milk each and every day for 
six months, the railk to be delivered twice daily.' The court held that the 
contract did not contain a written warranty of the milk in question within 
the meaning of this section. Lord Coleridge, C.J., in giving judgment, said : 
' A person seeking to protect himself against the penalty, and wishing to make 
himself perfectly safe in respect of the sale of a specific article, must show 
that he had a proper specific warranty in writing in respect of that article from 
his vendor. The appellant here has not shown that. It is possible that he 
may have had a parol statement amounting to a warranty from his vendor 
each morning that the milk was supplied, but that would not be sufficient.' 



THE SALE OF FOOD AND DRUGS ACT, 1875 273 

This judgment was dissented frora in Bacon v. Callow Park Dairy Company, 
infra, but was followed by the majority of the judges in Watts v. Stevens, infra. 
The judges in that case also dissented from the doctrine laid down in Elliot v. 
Pitcher (1901), 2 K.B., 817 ; 85 L.T., 50, infra, that it was held competent 
to prove by parol evidence that the particular consignment was purchased 
under the warranty. 

In Farmers and Cleveland Dairy Company v. Stevenson (1890), 63 L.T., jy6 ; 
55 J.^., 407, the appellants sold milk from which 20 per cent, of the original 
fat had been abstracted. They proved that they had purchased the milk 
under a contract by which the vendor agreed to supply them daily with a 
certain quantity of ' genuine good milk of the best quality with all its cream 
on,' and by which each supply was warranted to be pure, genuine, and un- 
adulterated. Attached to each of the cans in which the milk was delivered 
was a label bearing the words ' Warranted genuine new milk, with all its 
cream on.'» The court held that the contract and label together constituted 
a warranty of the milk in question within the meaning of this section. See 
comments upon this case by Cave, J., in lorns v. Van Tromp, infra. 

In Elder v. Smithson (1893), 57 J-P-. 809, the respondent sold lard which was 
adulterated with 8 per cent, of beef-fat. His defence was that he had bought 
the lard from the manufacturer in skins which were stamped with the words, 
' Warranted Pure.' The court held that these words did not constitute a 
warranty. The ground of the decision was that the warranty was not con- 
tained in the contract. 

In Lai-dlaw v. Wilson (1894), i Q.B., 74; 42 W.R., 78, the respondent bought 
lard from a firm of lard manufacturers under a contract in the following 
terms : ' We have this day sold to you 3 tons Kilvert's pure lard for 
delivery to the end of January, 1893.' ^ parcel of lard was subsequently 
delivered to the respondent, accompanied by an invoice in which it was 
described as ' Kilvert's pure bladdered lard.' The respondent sold a portion 
of this parcel to the appellants. Upon analysis, it turned out to be adulte- 
rated. The respondent had sold it bona fide, and in the state in which he 
had bought it. On an information against the respondent under Section 6, 
the court held that the contract contained a warranty. In delivering judg- 
ment, Charles, J., said : ' It is true that the contract does not in terms say 
that the purity of the lard is warranted, but in my judgment it is not neces- 
sary that the word " warranted " should be actually used. To my mind it 
is enough if the language of the document imports a warranty, and shows an 
intention on the part of the vendor to warrant. It was, however, said on 
the part of the appellant that there were two cases which were opposed to 
that view. The first was Rook v. Hopley ' (supra) . ' But that case is dis- 
tinguishable on two grounds. In the first place, the statement there was that 
the thing sold was lard simply ; there was no statement of its purity. And, 
secondly, the statement there, such as it was, was to be found in an invoice 
only. But the invoice was no part of the contract, and it is in the contract, 
and in the contract alone, that the warranty which the statute requires must 
be sought. I decide the present case upon the construction which is to be 
put, not upon the invoice of December 23, but on the contract of December 17. 
Thc^ other case relied upon by the appellant was Harris v. May ' {supra) , 
' where it was held that a written contract made on March 24, whereby one F. 
agreed to deliver to the defendant 86 gallons of pure milk every day for six 
moiiths, did not constitute a written warranty in respect of a specific can of 
milk delivered by F. on April 12. There, no doubt. Lord Coleridge, at the 
commencement of his judgment, said that, in his opinion, the contract relied 
on by the defendant was not a written warranty within the meaning of the 
Act. But on looking at his judgment as a whole, I think that what he really 
meant was that it was not such a warranty as would cover the specific delivery 
of milk on April 12, in the absence of some written evidence that that specific 

18 



274 MEAT AND FOOD INSPECTION 

delivery was made under the contract. In the present case there is evidence 
that the particular parcel of lard was delivered under the contract, the delivery- 
having been accompanied by an invoice which describes the lard in the same 
terms as those contained in the contract. The invoice, however, is material, 
not as itself containing a warranty of purity, but as earmarking the par- 
ticular parcel as having been delivered under a contract in which a written 
warranty of purity was contained.' 

In Lindsay v. Rook (1894), 10 T.L.R., 643, the defendant purchased from 
the appellant a pint of malt vinegar, which was supplied from a cask in appel- 
lant's shop to which was attached a label bearing the words, ' Vinegar : 
warranted unadulterated. Grimble and Co. (Limited), Cumberland Market, 
London.' This vinegar had been invoiced to the appellant as ' Grimble' s 
vinegar.' The vinegar purchased by the appellant was found to be adul- 
terated with 30 per cent, of added water. It was sold by the appellant in 
the state in which she bought it. On an information charging a contravention 
of Section 6, it was held by the High Court (quashing a conviction by the 
justices) that there was a warranty within the meaning of the section. This 
is the only case in which a label by itself has been held to amount to a warranty, 
and the soundness of the decision is doubtful. See next case. 

In lorns v. Van Tromp (1895), 64 L.J.M.C, 171 ; 72 L.T., 499; 59 J. P., 246, 
a merchant sold to a grocer ground ginger in canisters, and along with it he re- 
ceived an invoice in which it was described as ground ginger, and each canister 
bore a printed label ' warranted genuine pure ground ginger.' A portion was 
sold by the grocer in the state in which he received it, and he had no reason to 
believe it was not genuine. In a prosecution against the grocer under Section 6, 
it was held that the invoice and label, together or separately, did not constitute 
a written warranty within the meaning of this section. Cave (J.) distinguished 
the case from Laidlaw v. Wilson {supra). ' There,' he said, ' there was a 
written contract for the delivery of pure lard, and it was held that if the docu • 
ment relied on amounted to a warranty, it was sufficient without the word 
" warrant " or " warranty " being expressly stated in the document. . . . 
Here there was no such written contract, and the justices have declined to 
look at the invoice as throwing light on the question of warranty, and they 
were perfectly right. Of course, there are some cases in which an invoice or 
label may be regarded in this way, as in Farmers' , etc., Dairy Company v. 
Stevenson [supra). . . . But there there was a contract warranting the delivery 
of pure milk for a fixed period. ... It was not the label which contained the 
warranty ; all it did was to identify the milk. When there is a written 
warranty in the first instance, then a label such as appears on these canisters 
of ginger may be regarded, but not otherwise.' Wright, J., said: 'There 
must be some express individual representation in writing from the seller 
to the retail dealer, forming part of the contract to sell. . . . The representa- 
tion . . . must be an essential term in the bargain.' 

In Hawkins v. Williams (1895), 59 J. P., 533, the respondent bought butter 
from a wholesale merchant, the invoice for which, dated the day of sale, 
described it as ' Butter : guaranteed pure, average quality,' followed by the 
initials of the vendor. Some of this butter purchased by the appellant was 
found to be adulterated. In a prosecution for a contravention of Section 6 
it was held, confirming the decision of the justices, that the invoice consti- 
tuted a written warranty within the meaning of Section 25. The distinction 
between this case and Laidlaw v. Wilson [supra), where an invoice was held 
not to constitute a warranty, was that in this case the invoice formed the 
evidence of the contract of sale, and bore the date of sale, and the guarantee 
upon it was initialled by the vendor, whereas in Laidlaw v. Wilson the invoice 
was dated six days after the purchase. Lord Russell of Killowen, C.J., said : 
' An invoice is often used as evidence of the sale itself. Therefore I see no 
reason why it should not be evidence of a warranty at the time of sale. Here 



THE SALE OF FOOD AND DRUGS ACT, 1875 275 

the natural conclusion from the fact that the invoice bears the date of the 
day of purchase, and contains the words " guaranteed pure," followed by 
initials, is that the vendor was giving that document as a written warranty in 
pursuance of a stipulation by the purchaser for that object.' 

In Robertson v. Harris (1900), 2 Q.B., 117; 82 L.T., 536, which related to a 
sale of milk, the warranty pleaded was contained in an agreement in writing, 
. by which a farmer agreed to sell to the respondent a certain weekly quantity 
of milk, ' the milk to be pure new milk.' One of the consignments was found 
to be adulterated. It was held that, even if this agreement contained a 
warranty, there was no evidence to show that the particular consignment 
was purchased under the warranty. 

In Elliot V. Pitcher (1901), 2 K.B., 817 ; 85 L.T., 50, the defendant entered 
into a verbal contract with a dairyman for a daily supply of milk. More than 
two years afterwards the dairyman gave the defendant, at his request, the 
following warranty in writing : ' We hereby warrant that each and every 
supply of milk sent by us to you shall be new milk, unadulterated, and with 
all its cream.' A year after this warranty was given a consignment was found 
to be deficient in fat. It was held by the High Court (Bigham and Ridley, J J.) 
that it was not necessary to show, on the face of the warranty, that it applied 
to the particular milk sold, but that the connexion between the two could be 
shown by oral evidence, and that a specific warranty with each delivery of 
milk was not required. This decision followed Laidlaw v. Wilson, and over- 
rules Harris v. May, and Robertson v. Harris {supra), but is in turn overruled 
by Watts v. Stevens (infra). 

In Bacon v. Callow Park Dairy Company, Limited (1902), 87 L.T., 70 ; 
18 T.L.R., 573, the appellants were prosecuted for selling milk to the re- 
spondents from which 40 per cent, of the original fat had been abstracted. 
The appellants had purchased the milk under a verbal contract. Attached 
to the churn containing the milk, of which the milk in question was a part, 
was a label bearing the words, ' Warranted pure new milk, with all its cream. 
Delivered under contract.' The High Court (Lord Alverstone, C.J., and 
Darling and Channell, J J.) held that the defendants were protected by the 
label, on the ground that there was a contract to give a written warranty 
with each supply, and that it was not necessary that this contract should be 
in writing. 

In Irving v. Callow Park Dairy Company, Limited (1902), 87 L.T., 70, the 
facts were the same as in Bacon v. the same Company, and the decision was 
the same. See comments upon this case in Waits v. Stevens and Evans v. 
Weatheritt [infra). 

In Wilson v. Playle (1903), 88 L.T., 554; 67 J. P., 263, it was held that 
the addition to a warranty of the words ' but without accepting any respon- 
sibility after delivery ' did not render the warranty unavailing as a defence 
under this section. 

In Watts V. Stevens (1906), 2 K.B., 323 ; 22 T.L.R., 622, the respondent was 
charged with a contravention of Section 6 of this Act by selling to the appellant 
milk containing 16 per cent, of added water. The milk had been supplied by 
Mott, a milk dealer, under a contract made with the respondent in August, 
1905, for fixed periodical deliveries. Mott, on August 5, after making this 
contract, but before any milk had been delivered, gave the respondent a 
letter in the following terms : ' I guarantee that the milk supplied by me to 
Mr. Stevens is perfectl^^ pure, and with all its cream as the cow gives it. — 
Francis Mott.' Both Mott and the respondent intended this to be a 
continuing warranty. There was no other warranty. The milk to which 
the charge related was sold to the complainer on December 25, 1905. The 
justices held that tlie letter of August 5 was intended by both parties to cover 
the milk in question, and was therefore a written warranty within this 
section, and dismissed the information. On appeal to the High Court 

18—2 



276 MEAT AND FOOD INSPECTION 

(Alverstone, C.J., and Ridley and Darling, JJ.), the decision was reversed 
(Ridley, J., dissenting), on the ground that there was no evidence in v>-riting 
to connect the milk in question with the written warranty, and that in the 
absence of such evidence the respondent could not rely on the warrantv 
under this section. Mr. Justice Darling, in giving judgment, said : ' Could 
one gather that this particular can of milk, when it was bought by the re- 
spondent, was bought under the warranty — that is, under a contract part 
of which was collateral to its expressed object ? It was obvious that the 
contract applied to the whole of the milk to be supplied, and it dealt with 
milk not then in existence. But it seemed to him that there was not a suffi- 
cient connexion in writing between the consignment in question and the 
warranty. He thought there must be established a connexion between the 
particular article complained of and the warranty. No doubt the respondent 
would have had a remedy by action for breach of warranty, but there did not 
seem to him to be such a connexion as was required by the provisions of 
Section 25. Harris v. May {supra) supported this view, and so did the 
Farmers and Cleveland Dairy Company v. Stevenson {supra), especially if the 
report in the Justice of the Peace was looked at, for, obviously, the reason 
there given was the real one in that case — namely, that the connexion was? 
shown by labels. This part of the judgment was omitted in the L.aw Journal 
report, but it must have been given, for reporters did not put words into the 
mouths of judges which they had never littered. He thought, also, that the 
cases of Laidlaw v. Wilson {supra) and Irving v. Callow Park Dairy Company 
{supra) supported his view. It was contended that these cases were wrong, 
and were overruled by Elliot v. Pitcher {supra). If they had to choose 
between them, he could not adopt the judgment in the latter case. He 
would point out also that the judgment of Mr. Justice Ridley in that case 
was, he would not say obiter, but gratuitous. He also thought Elliot v. Pitcher 
inconsistent with the latter case of Irving v. Callow Park Dairy Company 
{supra). But he always liked to give reasons for his judgments, and not to 
rely entirely on authority. There was no good reason why a man should be 
allowed to rely upon a warranty given, perhaps, years before, for a consigner 
would be much more likely to be careless under those circumstances than he 
would be if each time he sent out a consignment of milk he had to make an 
affirmation that it was of good quality. This seemed a good reason to him 
for maintaining the older authorities. He thought that the appeal should 
be allowed.' 

Mr. Justice Ridley said he ' regretted to say that he was of a contrary 
opinion, as he differed from the judgment of Mr. Justice Darling, and also, 
he feared, from that of the Lord Chief Justice. Section 25 of the Sale 
of Food and Drugs Act, 1875, "^^-s as follows. (His lordship read the 
section.) He thought that the circumstances proved before the justices had 
satisfied the requirements of that section. The section said nothing about a 
written connexion between the warranty and the consignment. The words 
in Section 25, " that he had no reason to believe at the time when he sold it 
that the article was otherwise," were intended to cover a case where a long 
period of time intervened between the giving of the warranty and a con- 
signment under it. The justices had found that the warranty was intended 
to be a continuing warranty, and that the milk sold in December was, in fact, 
sold under that warranty. It appeared certain from the authorities that a 
warranty meant a statement made at the time of the contract, and that it 
might cover future deliveries, and also that a purchaser might bring an 
action for breach of it. The question here was whether the Act of Parlia- 
ment was satisfied, and there was nothing in it to show that the respondent 
was required to put himself in a better position than that of getting a warranty 
upon breach of which he could bring an action. His judgment in Robertson v. 
Harris {supra) amounted to this — that he thought himself bound by 



THE SALE OF FOOD AND DRUGS ACT, 1875 277 

Harris v. A'lay. In Elliot v. Pilcher he saw that what he had said in 
Robertson v. Harris was incorrect, and he concurred in the judgment of 
Mr. Justice Bigham, and he did so still. He did not think that Robertson v. 
Harris could stand with Laidlaw v. Wilson. As to what he had said in 
Elliot V. Pilcher, he did not agree with Mr. Justice Darling that it was obiter. 
It would be a very long obiter. What he had said there he had said in no 
hasty spirit. With regard to the case of the Farmers and Cleveland Dairy 
Company v. Stevenson, it was probable that he had not seen the report in the 
Justice of the Peace, which, though a very good journal, as he was informed, 
was not familiar to him. He had only seen it in the Law Journal reports, 
which were very familiar to him. He, therefore, thought that Laidlaw v. 
Wilson, Farmers, etc.. Dairy Company v. Stevenson (subject to the report in 
the Justice of the Peace), and Elliot v. Pilcher were authorities supporting his 
judgment^nor did he think that Irving v. Callow Park Dairy Company was in 
conflict with it. He thought the appeal should be dismissed.' 

In Evans v. Weatheritt (1907), 2 K.B., 80, the appellant, by a contract in 
writing, agreed to purchase from a company ' the whole of the milk required 
for his dairy' for twelve months, from October i, 1905, and the contract 
contained a warranty that all milk to be delivered by the company to the 
appellant should be pure. In June, 1906, milk was delivered to the appellant 
by the company under the contract, accompanied by a delivery note, which 
showed that the milk came from the company, but which did not in terms 
refer to the contract. Some of the milk was sold by the appellant, and was 
found upon analysis to have had 28 per cent, of milk-fat abstracted from it. 
On an information against the appellant for having sold the milk contrary 
to the provisions of Section 6, the appellant relied on the warranty contained 
in the contract as a defence under this section. The magistrate was of opinion 
that the delivery note was not a suf&cient connexion in writing of the particular 
consignment with the contract, and that, therefore, on the authority of Watts 
V. Stevens {supra), there was no warranty covering the particular consignment. 
He accordingly convicted the appellant. On appeal, it was held that, as the 
warranty was by the contract expressly applied to all milk sold by the company 
to the appellant during the specified period, the contract itself was sufficient 
evidence in writing to connect the particular consignment of milk with the 
warranty, and that the requirements of Section 25 had been satisfied. 

In giving judgment. Lord Alverstone, C. J., said : ' In my opinion, the magis- 
trate has erred in this case by attaching too much importance to the fact that 
this particular consignment of milk was accompanied by a delivery order which 
identified it as coming from the Great Western and Metropolitan Dairies, 
Limited, and he appears to have thought that the court intended to lay down 
in Watts v. Stevens that the written connexion between a particular consign- 
ment of milk and a previous warranty could only be proved by the production of 
a delivery order containing some statement which connected the particular con- 
signment with the warranty. The case turns on Section 25 of the Sale of Food 
and Drugs Act, 1875. I do not intend to go through all the decisions which 
have been given on this section. They were very fully considered in Watts v. 
Stevens, and I accept, as I am bound to do, the law as I endeavoured to lay 
it down in that case ; but when the judgments of Darling, J., and myself in 
that case are considered as affecting the question whether in this case there 
was any evidence in writing of a connexion between this consignment of milk 
and the warranty, it will be found that there is nothing in those judgments 
conflicting with the view which I am about to express.' His lordship, after 
quoting from his own and Mr. Justice Darling's judgments in Watts v. Stevens, 
went on to point out that the warranty referred to in Section 25 did not, in 
his opinion, point merely to a general right of action, but to a specific contract 
applicable to the goods in question, and continued : ' That is the test which I 
intended to lay down, but I did not say, and I did not mean, that that special 



278 MEAT AND FOOD INSPECTION 

contract could only be proved by a written paper attached to each can of 
milk. Later on in the same judgment I pointed out that I dissented from 
Elliot V. Pilchev, as I still do, in so far as it decided that no writing was neces- 
sary to connect the particular consignment with the warranty, and when 
considering the case of Harris v. May, I quoted from my judgment in Irving 
V. Callow Park Dairy Company, where I am reported to have said : " Having 
regard to more recent cases, I doubt whether Harris v. May can be regarded 
as law. If it was meant to lay down any general principle, it has certainly 
been qualified by later cases." What I meant was that the construction 
which had been placed on Harris v. May in some of the later cases cannot be 
?npported. That that was clearly my meaning appears from the passage at 
the end of my judgment in Waits v. Stevens, where I point out that when 
it is remembered that my observations in Irving v. Callow Park Dairy Company 
were made " in reference to a memorandum or label which was on each 
churn, I do not think that it can be used in support of the view that there 
need be no writing connecting the warranty with a particular consignment 
of goods." The case of Watts v. Stevens was decided after a full consideration 
of all the authorities, and it was held that there must be some writing con- 
necting the particular consignment with the warranty, and that a mere general 
statement by the vendor that he warranted all the milk supplied by him 
to the purchaser was not sufficient. Applying that principle to the facts 
of the present case, it is not suggested that the appellant received milk from 
anyone but the Great Western and Metropolitan Dairies, Limited ; he proved 
the receipt of this particular consignment from that company, and he pro- 
duced the contract of October 2, 1905, which showed that all his milk came 
from that company's dairy. In my judgment that document is in these 
circumstances sufficient on its face to show the requisite written connexion 
between the consignment of milk and the warranty contained in the contract. 
In rriy opinion, the magistrate fell into error in thinking that that written 
connexion could only be proved in one particular way ; but having regard to 
the terms of the contract, I am of opinion that there is in this case a writing 
connecting this milk with the warranty in the contract, and this appeal must 
therefore be allowed.' 

The points established by the decisions seem to be these : 

(i) That a warranty to be effectual as a defence under this section must 

be in writing, and must be given at the time the contract of sale (which may be 

verbal) is entered into, and form part of it ; or, if not given at the time, the 

contract must contain an obligation by the vendor to give a written warranty. 

(2) It is not necessary that express words of warranty be used, provided the 
contract shows an intention on the part of the vendor to warrant ; and 

(3) The accused must prove that the particular article in respect of which 
the warranty is put forward was purchased under the warranty, and he 
can only do so in writing. 

^ In Hotchin v. Hindmarsh (1891), 2 Q.B., 181 ; 65 L.T., 149, it was held 
that, even if there was a warranty under this section, it would not avail as 
a defence in the absence of evidence to show that the respondent sold the 
article in the same state as when he purchased it, and that he had no reason 
to believe that its quality was otherwise than as demanded of him. In this 
case it was also held that a servant prosecuted as the seller could not found, 
in defence, upon a warranty given to his master. 

But see the Act of 1899, Section 20 (4), which entitles a servant prosecuted 
to plead a warranty given to his master. See Sanders v. Sadler, referred to in 
note 3 to Section 3 of Act of 1879 {post, p. 297). 

In Jones v. Bertram (1894), 58 J. P., 116, the magistrate found that the 
respondent, who was prosecuted for selling adulterated milk, was protected 
by a warranty. He found that the respondent had no reason to believe 



THE SALE OF FOOD AND DRUGS ACT, 1875 279 

that the milk was not pure ; but he had not found that the milk had been 
sold in the same state as when respondent received it, and the case was 
remitted to the magistrate to find on that point. 

In Hennen v. Long (1904), 90 L.T., 387 ; 68 J. P., 237, the defendant was 
prosecuted for a contravention of Section 6 by selling milk deficient in fat to 
the extent of 3 per cent., and mixed with water to the extent of 5-2 per cent., 
and containing boric acid as a preservative. Defendant admitted adding an 
ounce of boric acid to each gallon of milk. Held that a warranty was no 
defence under this section, as, although the adulteration charged was not the 
preservative added, the defendant had not sold the milk in the same state as 
when he purchased it. 

* In MacKifdy v. McKendrick (1897), 25 R. (J.), 49 ; 5 S.L.T. 254, 
it was hel^ by Lord Kincairney that the Act did not, in its application to 
Scotland, expressly or by implication authorize a claim for expenses except in 
the special case mentioned in this section. 

5 See Act of 1899, Section 20 (v.), which provides for a copy of the warranty 
to be relied on being sent to the prosecutor within seven days after service 
of the summons. 

26. Application of Penalties. — Every penalty imposed and 
recovered under this Act shall be paid in the case of a prosecution 
by any officer, inspector, or constable of the authority who shall 
have appointed an analyst or agreed to the acting of an analyst 
within their district, to such officer, inspector, or constable, and 
shall be by him paid to the authority for whom he acts, and be 
applied towards the expenses of executing this Act, any statute to 
the contrary notwithstanding ; but in the case of any other prosecu- 
tion the same shall be paid and applied in England according to 
the law regulating the apphcation of penalties for offences punish- 
able in a summary manner, and in Ireland in the manner directed 
by the Fines Act (Ireland), 185 1, and the Acts amending the same. 

This section applies to England and Ireland. See Section S3 (9) as to 
Scotland. 

27. Forg-ingr Certificate or Warranty—Wilful Misapplication 
of Warranty— False Label.— Any person who shall forge, or shall 
utter, knowing it to be forged,^ for the purposes of this Act, any 
certificate or any writing purporting to contain a warranty, shall be 
guilty of a misdemeanour and be punishable on conviction by im- 
prisonment for a term of not exceeding two years with hard labour ; 

Every person who shall wilfully apply to an article of food, or 
a drug, in any proceedings under this Act, a certificate or warranty 
given in relation to any other article or drug, shall be guilty of an 
offence under this Act, and be liable to a penalty not exceeding 
twenty pounds ; ^ 

[Every person who shall give a false warranty in writing to any 
purchaser in respect of an article of food or a drug sold by him as 



28o MEAT AND FOOD INSPECTION 

principal or agent, shall he guilty of an offence under this Act, and be 
liable to a penalty not exceeding twenty pounds ;]^ 

And every person who shall wilfully give a label with any article 
sold by him which shall falsely describe the article sold, shall be 
guilty of an offence under this Act, and be liable to a penalty not 
exceeding twenty pounds.* 

^ In Derbyshire v. Houlistort (1897), i Q.B., 772; 76 L.T., 624, it was held 
that knowledge on the part of the accused that the warranty was false must be 
proved to entitle a prosecutor to obtain a conviction under this section ; but 
this has been altered by Section 20 (6) of the Act of 1899, which provides that 
the accused falls to be convicted unless he proves that he had reason to beheve 
that the statements or descriptions contained in the warranty were true. 
The onus of proof will rest upon the accused (Section 24 of this Act) . 

In Reg. V. Smith (1896), i Q.B., 596; 74 L.T., 348, the defendant was charged 
under this section at the Clerkenwell Police Court with giving a false warranty 
in writing with respect to milk sold and delivered by him to a dairy company. 
The sale, delivery, and giving of the warranty had all taken place outside the 
jurisdiction of the Clerkenwell Police Court, but the inspector had, with 
a view to a prosecution of the dairy company under Section 6, obtained a 
sample of the milk in the course of its delivery to a purchaser from them within 
the jurisdiction of the court, and had submitted the sample to the public 
analyst of the district, who certified that it contained a certain percentage of 
added water. It was held that a Metropolitan police court sitting at the 
Clerkenwell Police Court had no jurisdiction to hear and determine the infor- 
mation against the defendant. An opinion was also expressed by Hawkins 
that, even if the proceedings had been brought in the proper court, the certifi- 
cate of an analyst of a district outside the jurisdiction, with a view to the 
prosecution of the dairy company, could not be used as evidence against the 
defendants for giving a false warranty. 

In consequence of this decision Section 20 (5) of the Act of 1899, was 
passed, which provides that prosecutions under this section may be brought 
before a court having jurisdiction in the place where the article of food or 
drug to which the warranty relates was purchased, or before the court having 
jurisdiction in the place where the warranty was given. 

2 See Section 17 of the Act of 1899, which provides that the penalty may 
be increased to ;^50 in a second and £100 in any subsequent conviction. 

^ The words in square brackets are repealed by Section 27 and Schedule of 
the Act of 1899 ; but Section 20 (6) of that Act contains more stringent pro- 
visions for protecting the public against the giving of false warranties as to 
articles of food or drugs. 

^ Costs cannot be awarded to the successful parties in Scotland in prosecu- 
tions under the Sale of Food and Drugs Acts {MacKirdy v. McKendrick, 
supra, p. 279). 

28. Proceeding's by Indictment and Contracts not to be 
Affected. — Nothing in this Act contained shall affect the power of 
proceeding by indictment, or take away any other remedy against 
any offender under this Act, or in any way interfere with contracts 
and bargains between individuals, and the rights and remedies 
belonging thereto. 



THE SALE OF FOOD AND DRUGS ACT, 1875 281 

Provided that in any action brought by any person for a breach 
of contract on the sale of any article of food or of any drug, such 
person may recover alone or in addition to any other damages 
recoverable by him the amount of any penalty in which he may 
have been convicted under this Act, together with the costs paid by 
him upon such conviction, and those incurred by him in and about 
his defence thereto, if he prove that the article or drug, the subject 
of such conviction, was sold to him as and for an article or drug 
of the same nature, substance, and quality as that which was 
demanded of him, and that he purchased it not knowing it to be 
otherwise, and afterwards sold it in the same state in which he pur- 
chased it*, the defendant in such action being nevertheless at 
liberty to prove that the conviction was wrongful, or that the amount 
of costs awarded or claimed was unreasonable, 

29. Expenses of Executing- Act.— The expenses of executing 
this Act shall be borne, in the City of London and the liberties 
thereof, by the consolidated rates raised by the Commissioners of 
Sewers of the City of London and the liberties thereof, and in the 
rest of the metropolis by any rates or funds applicable to the pur- 
poses of the Act for the better local management of the metropolis, 
and otherwise as regards England, in counties by the county rate, 
and in boroughs by the borough fund or rate ; 

And as regards Ireland, in counties by the grand jury cess, and 
in boroughs by the borough fund or rate ; all such expenses payable 
in any county out of grand jury cess shall be paid by the treasurer 
of such county ; and 

The grand jury of any such county shall, at any assizes at which 
it is proved that any such expenses have been incurred or paid 
without previous application to presentment sessions, present to 
be raised off and paid by such county the moneys required to defray 
the same. 

This section applies to England and Ireland. See Section 23 {?) ^^ 'to 
expenses of executing the Act in Scotland. 

30. Tea to be Examined by the Customs on Importation. — 

From and after the first day of January, one thousand eight 
hundred and seventy-six, all tea imported as merchandise into and 
landed at any port in Great Britain or Ireland shall be subject to 
examination by persons to be appointed by the Commissioners of 
Customs, subject to the approval of the Treasury, for the inspection 
and analysis thereof, for which purpose samples may, when deemed 
necessary by such inspectors, be taken and with all convenient 
speed be examined by the analysts to be so appointed ; and if upon 
such analysis the same shall be found to be mixed with other 



282 MEAT AND FOOD INSPECTION i 

substances or exhausted tea, the same shall not be delivered unless 
with the sanction of the said Commissioners, and on such terms and 
conditions as they shall see fit to direct, either for home consump- 
tion or for use as ships' stores or for exportation ; but if on such 
inspection and analysis it shall appear that such tea is in the opinion 
of the analyst unfit for human food, the same shall be forfeited and 
destroyed or otherwise disposed of in such manner as the said 
Commissioners may direct. 

31. Definition of 'Exhausted Tea.'— Tea to which the term 
' exhausted ' is applied in this Act shall mean and include any 
tea which has been deprived of its proper quality, strength, or 
virtue by steeping, infusion, decoction, or other means. 

32. Provision for the Liberty of a Cinque Port. — For the 

purposes of this Act every liberty of a cinque port not comprised 
within the jurisdiction of a borough shall be part of the county in 
which it is situated, and subject to the jurisdiction of the justices 
of such county. 

33. Application of the Act to Scotland.— In the application of 
this Act to Scotland the following provisions shall have effect : 

(i) The term ' misdemeanour ' shall mean ' a crime or offence.' 

(2) The term ' defendant ' shall mean ' defender ' and include 

' respondent.' 

(3) The term ' information ' shall include ' complaint.' 

(4) This Act shall be read and construed as if for the term 

' justices,' wherever it occurs therein, the term ' sheriff ' 
were substituted. 

(5) The term ' sheriff ' shall include ' sheriff substitute.' 

(6) The term ' borough ' shall mean any royal burgh and any 

burgh returning or contributing to return a member to 
Parliament. 

(7) The expenses of executing this Act shall be borne in Scot- 

land in counties by the county general assessment, and 
in burghs by the police assessment.^ 

(8) This Act shall be read and construed as if for the expression 

' the Local Government Board,' wherever it occurs there- 
in, the expression ' one of Her Majesty's principal Secre- 
taries of State ' were substituted.^ 

(9) All penalties provided by this Act to be recovered in a 

summary manner shall be recovered before the sheriff 
of the county in the sheriff court, or at the option 
of the person seeking to recover the same in the 
police court, in any place where a sheriff officiates as a 



THE SALE OF FOOD AND DRUGS ACT, 1875 283 

police magistrate under the provisions of the Summary 
Procedure Act, 1864,^ or of the Pohce Act in force for the 
time in any place in which a sheriff officiates as afore- 
said, and all the jurisdiction, powers, and authorities 
necessary for this purpose are hereby conferred on 
sheriffs.* 

Every such penalty may be recovered at the instance 
of the procurator fiscal of the jurisdiction,^ or of the 
person who caused the analysis to be made^ from which 
it appeared that an offence had been committed against 
some one of the provisions of this Act : '^ 

Every penalty imposed and recovered under this Act 
shall be paid to the clerk of court, and by him shall be 
accounted for and paid to the treasurer of the county 
general assessment or the police assessment of the burgh, 
as the sheriff shall direct. 

(10) Every penalty imposed by this Ad may he reduced or mitigated 

according to the judgment of the sheriff.^ 

(11) It shall be competent to any person aggrieved by any con- 

viction by a sheriff in any summary proceeding under 
this Act to appeal against the same {to the next circuit 
court, or where there are no circuit courts'] to the High 
Court of Justiciary \at Edinburgh], in the manner pre- 
scribed by such of the provisions of the Act of the 
twentieth year of the reign of King George the Second, 
chapter forty-three, and any Acts amending the same, 
as relate to appeals in matters criminal, and by and under 
the rules, limitations, conditions, and restrictions con- 
tained in the said provisions.^ 

^ Section 3, (3) and (4), of the Act of 1899 provides for expenses incurred 
by the Local Government Board in executing the Act in default of a local 
authority being treated as expenses incurred by the local authority. 

2 Section 23 of the Act of 1899 provides for the supervision of the Act 
being transferred from the Secretary for Scotland to the Local Government 
Board. 

3 Section 18 of the Summary Px-ocedure Act, 1884, as modified and supple- 
mented by Sections 6 and 8 of the Summary Jurisdiction Act, 1881, contains 
provisions for recovery of penalties for contravention of Statutes in cases 
where the Act creating the offence makes provision for recovery of the penalty, 
in cases where no such provision is made, in cases where in default of payment 
the Act authorizes imprisonment, and in cases where imprisonment is not 
authorized but is not excluded. In Schedule K., annexed to the Act, forms 
of conviction are given, applicable to the nature and circumstances of the 
various complaints figured in Section 18. Great care must be exercised in 
selecting the appropriate form. The Sale of Food and Drugs Acts make no 
special provision for recovery of penalties, and there is no provision for im- 
prisonment in default of payment, but recovery by imprisonment is not 



284 MEAT AND FOOD INSPECTION 

excluded. Therefore, as provided in Subsection 6 of Section i8, the appro- 
priate form is the first part of Form No. 6 of Schedule K. The complaint, 
after specifying the pecuniary penalty, will set forth that the accused in default 
of payment is liable to execution by poinding and sale and imprisonment in 
terms of Section i8 of the Summary Procedure (Scotland) Act, 1864, but subject 
to the provisions of the Summary Jurisdiction (Scotland) Act, 1881, and of 
the Fine or Imprisonment (Scotland and Ireland) Act, 1899. 

In MacKirdy v. McKendrick (1897), 25 R. (J.), 49; 2 A., 435, the complaint 
set forth that the accused was liable to a penalty of ^20 for each of two offences 
charged, and, in default of payment with expenses, to execution by arrestment, 
poinding and sale and imprisonment in terms of Section 18 of the Summary 
Jurisdiction (Scotland) Act, 1864. The Sheriff-Substitute dismissed the 
complaint on the ground that the alternative of imprisonment craved was not 
competent. It was held on appeal that imprisonment not being excluded 
by the terms of this Act, the statement in the complaint as to imprisonment 
was competent in terms of Section 18 (6) of the Summary Procedure Act of 
1864. Tord Kincairney said : ' I am of opinion that Section 18 of the Sum- 
mary Procedure Act authorizes imprisonment in all cases unless where re- 
covery by imprisonment is excluded by the terms of the Act contravened. 
The part of Section 18 which is applicable to the present case is Subsection 6.' 
On the question of expenses, which was also raised in the appeal, his lordship 
said : ' I do not think that a claim for expenses is authorized by the Sale of 
Food and Drugs Act expressly or by implication except in the special case 
mentioned in Section 25.' His lordship held that the statement in the 
complaint as to the accused's liability for expenses was erroneous, but that 
it was a mistake which might have been corrected by the Sheriff-Substitute, 
and therefore did not necessitate the dismissal of the'complaint. 

It must be carefully noted, however, that, since the Acts do not expressly 
authorize imprisonment. Subsection 6 and the form in Schedule K., applicable 
to the circumstances, do not authorize the court, in convicting persons accused 
of offences under the Act, to grant warrant in the sentences for imprisonment 
for a specified period on failure to pay the penalty. No warrant for im- 
prisonment can be granted ' until ' (as Subsection 6 expressly states) ' after 
the period allowed for execution by arresting or poinding, except in the special 
case mentioned in said Form No. 6.' The special case excepted is provided 
for by the following directory words incorporated within brackets in the 
form : ' If at the hearing it shall appear that poinding and sale would be 
inexpedient, then, in place of the warrant annexed to the judgment of the 
preceding form ' (that is, ordaining instant execution by arrestment, and also 
execiition by poinding and sale — and imprisonment where there is power to 
imprison), 'say: and then the sentence will order instant execution by iin- 
prisonment, and the detention of the accused for a specified period, unless the 
expenses and penalties shall be sooner paid.' The special cases covered by 
the words above quoted do not include prosecutions under these Acts, 
because a note appended to this part of the form says, ' This form only to be 
used where the Acts founded on authorize imprisonment for a specified period,' 
and, as already pointed out, the Acts do not so authorize. Therefore, under 
the warrant which will be contained in all such judgments under these Acts 
for execution by arrestment and poinding and sale, a warrant for imprisonment 
will not be included, and can only be granted upon the officer reporting that 
the sums mentioned in the judgment have not been recovered in whole or 
in part. The sheriff or other judge will then, and only then, grant warrant 
for imprisonment for a specified period not exceeding three months (Section 8 
of Summary Jurisdiction Act, 188 1). 

The case of Todd v. Magowan, 7 F. (J.), 50, shows the necessity for carefully 
specifying in the complaint the execution to which the accused is liable in 
default of payment of the penalty, and also for carefully selecting the appro- 



THE SALE OF FOOD AND DRUGS ACT, 1875 285 

priate form of conviction. The opinion of the Lord Justice-General (Dunedin) 
contains a careful and luminous exposition of Section 18 (6) of the Summary- 
Procedure Act, 1864, and relative schedule and forms, and should be carefully- 
studied by prosecutors. 

Reference may also be made to the important case of Simpson v. The Board 
of Trade (1892), 19 R. (J.), 66. In that case the Board of Trade prosecuted the 
respondent in the Sheriff Court of Greenock for a contravention of the Mer- 
chant Shipping Act, 1S54, -which authorized recovery of penalties by arresting, 
poinding, and imprisonment in default of payment. The Sheriff convicted, 
and ordained instant execution by imprisonment. The conviction failed to 
set forth that it was inexpedient to issue a -warrant of poinding and sale. On 
this ground, among others, the court quashed the conviction. 

In Gardner -v. Bremridge (1901), 3 F. (J.), 46, the respondent was charged in a 
prosecution in the Sheriff Court at Linlithgow for a contravention of the 
Pharmacy Act, which provided for penalties being recovered by poinding. 
The Sheriff-Substitute fined the respondent a modified penalty of £2, with 
£1 2S. of expenses, and in default of immediate payment thereof granted warrant 
for recovery by poinding and sale on the expira-tion of forty-eight hours, with- 
out further notice or warrant, and appointed a return or execution of the 
poinding and sale within eight days under certification of imprisonment for 
the period of three days in default of paynient. The respondent brought a sus- 
pension of the sentence on the ground that imprisonment (which the sentence 
authorized) was, under the Pharmacy Acts, not only not expressly authorized, 
but was excluded by implication, and, alternatively, that it did not as a pre- 
liminary require execution by arrestment as well as by poinding. The Court 
(Lord Justice-General — Lord Blair Balfour — and Lords Kyllachy and Low) 
refused the suspension, holding that imprisonment, not being excluded by 
the Pharmacy Acts, was competent, that the Pharmacy Act, 1852, Section 12, 
authorized poinding, and that the case was covered by the latter part of 
Subsection 6 of Section 18 of the Act of 1864, providing for recovery by ' arrest- 
ment, poinding, and sale and imprisonment, or by any combination of those 
forms of diligence,' and by Section 8 of the Summary Jurisdiction Act, 1881, 
which provides that ' where a warrant of poinding and sale is compe-tent, a 
warrant of imprisonment in default of recovery of sufficient goods shall like- 
wise be competent for a period not exceeding three months, and the Court shall 
specify the terms of imprisonment in the warrant.' It was held that it was 
not necessary that the warrant of imprisonment should also be in default of 
recovery by arrestment. 

It need hardly be said that the certification of imprisonment in default of 
payment or recovery of the penalty which is usually inserted in sentences under 
these Acts is not a warrant to imprison, and that it is only in default of 
recovery of the penalty under a warrant to arrest and poind that a warrant to 
imprison can be got from the judge who tried the case in accordance with the 
form given in Schedule K6 of the Act of 1864. 

It is satisfactory to note that the Criminal Procedure and Summary Juris- 
diction (Scotland) Bill now before Parliament greatly simplifies the procedure 
for recovery of penalties in default of payment, and enacts a new and more 
equitable scale of imprisonment for non-payment of fines and penalties. If 
the Bill as framed becomes law, most of what is contained in this note will 
become obsolete. 

* The Burgh Police (Scotland) Act, 1892, Section 432, provides that the 
commissioners (now town councillors) are to be the local authority under the 
Sale of Food and Drugs Act, and that offences under the Act may be prose- 
cuted as police offences under complaint by the Burgh Prosecutor. 

The sheriff and police magistrates thus have concurrent jurisdiction to 
try offences under the Acts. 



286 MEAT AND FOOD INSPECTION 

s A Procurator-Fiscal may delegate his duty to a duly appointed deputy. 
In Thomson v. Scott (1901), 3 F. (J.), p. 79, which was a prosecution against 
a parent for failure to provide education for his children under the Education 
(Scotland) Acts, the school board, in virtue of powers conferred by Section 70 
of the Education (Scotland) Act, 1872, appointed a person, who happened to 
be the Procurator-Fiscal of the county, to prosecute parents for failing to 
provide education for their children. At the hearing of the complaint the 
prosecutor did not appear, but sent his clerk, who was duly appointed Deputy 
Fiscal, to conduct the proceedings. In a suspension of the conviction the 
High Court of Justiciary held that the officer appointed by the board to 
prosecute had no power to delegate his duty, and that, although he happened 
to be Procurator-Fiscal of the county, he did not prosecute in that capacity, 
but as the person appointed by the Board. 

^ The question whether a complainer (other than a Procurator-Fiscal or 
Burgh Prosecutor) prosecuting for the public interest for contraventions of an 
Act of Parliament is a public or a private prosecutor, and whether he can 
instruct a law agent to prepare and sign complaints and conduct prosecutions 
in court on his behalf, has recently been frequently before the High Court of 
Justiciary in various forms. The answer to this question depends on the 
terms of the enactment authorizing the prosecution construed along with 
Subsection i of Section 9 of the Summary Jurisdiction (Scotland) Act, 1881, 
which is as follows : ' Every complaint at the instance of a private prosecutor 
or complainer under the Summary Jurisdiction Acts may be signed either by 
such private prosecutor or complainer, or bj'- a duly qualified law agent on 
his behalf, and such law agent may, in the absence of the private prosecutor 
or complainer, appear in court and conduct the proceedings on his behalf.' 
In construing this section, Section 22 of the Summary Procedure Act of 1864 
has to be kept in view. That section provides ' that expenses shall not be 
awarded to or against any public prosecutor, or party prosecuting under the 
authority of any Act of Parliament for the public interest, unless such award 
of expenses is authorized by such Act.' This provision would seem to show 
that the public prosecutor and a person prosecuting for the public interest 
under the authority of an Act of Parliament are not synonymous. 

The question, in a limited form, was first raised in Finlayson v. Bunbury 
(1898), 25 R. (J.), no, which was a complaint at the instance of an assessor 
under the Lands Valuation Acts (who, being a private prosecutor, sued with 
concurrence of the Procurator-Fiscal) , charging the respondent with a contra- 
vention of Section 7 of the Act. The complaint was signed by the prosecutor, 
but at the trial a duly qualified law agent appeared in court and conducted 
the prosecution on his behalf. The court held on appeal that this was com- 
petent, and that the words, ' such agent ' in Section 9 of the Summary Juris- 
diction Act of 1 88 1 meant, not an agent who had signed the complaint, but 
' such qualified agent as before described ' in the section — in other words, 
any qualified law agent. 

InMcMurdo v. McCracken (1907), S.C. (J.), i, the respondent was prosecuted 
under the Education (Scotland) Acts for failing to provide sufficient education 
for his child. The complainer was a solicitor duly appointed by the school board 
of the parish of New Monkland to prosecute such cases in virtue of powers con- 
ferred by Section 70 of the Scotch Education Act, 1872. At the diet for the 
hearing of the complaint the complainer was present. The respondent also 
appeared and pleaded not guilty, and the case was adjourned for trial. At the 
adjourned diet the complainer was absent, but a qualified law agent appeared 
and conducted the prosecution for him. After evidence had been led, it was 
maintained for the respondent that the complainer' s absence vitiated the 
proceedings. The Sheriff-Substitute sustained this objection, basing his 
decision on Thomson v. Scott (1901), 3 F. (J.), 79, and dismissed the com- 



THE SALE OF FOOD AND DRUGS ACT, 1875 287 

plaint. The complainer appealed to the High Court of Justiciary. The 
court (the Lord Justice-Clerk, Lord Stormonth-Darling, and Lord Low) 
affirmed the sheriff's decision. The Lord Justice-Clerk said : ' It seems to 
me to be quite clear that in no aspect in which the case can be viewed can 
the appellant succeed. It is admitted that the prosecutor in this case was 
entitled to prosecute. It is said that he was a private prosecutor. If he 
was a private prosecutor he had no right to prosecute without the concur- 
rence of the Procurator-Fiscal. But, I think, he was not a private prose- 
cutor. He had nothing to complain of in so far as regarded himself ; he was 
solely representing a public body which has the right to prosecute in certain 
cases. Under the statute by which they have that right they can either send 
the case to the Procurator-Fiscal or to some person duly qualified to act as 
prosecutor. The person whom the school board entrusted with the duty 
of prosecuting had no authority from the school board to delegate his duties 
to anyone ; but, even if he had had the authority of the school board to 
delegate hfi duties, I do not think it would have been competent for the 
school board to authorize that. He could only prosecute under his appoint- 
ment, and nobody could prosecute who had not an appointment. It, there- 
fore, seems perfectly clear that this proceeding was not conducted in such a 
way as would entitle the sheriff to convict, and that he was right in dis- 
missing the com_plaint.' 

It was thus expressly decided in that case that the person appointed to 
prosecute such cases was not a private prosecutor, but it was not said in so 
many words that he was a public prosecutor, yet, in effect, it was held 
that he was. As the Lord Justice-Clerk said, he was solely representing 
a public body which has the right to prosecute in certain cases. The true 
ratio of the decision seems to be that the prosecutor, being himself a 
delegate, had no power to delegate his authority. Shortly after the 
decision in McMurdo v. McCracken, in a prosecution under the Sale of 
Food and Drugs Acts before Sheriff-Substitute Shennan at Kirkcaldy, an 
objection was taken to the competency of the complaint on the ground that 
it was signed by a law agent on behalf of the prosecutor — a sanitary inspector 
— and objection was also taken to the law agent appearing in court and con- 
ducting the prosecution on his behalf. The Sheriff-Substitute sustained 
both objections, holding that the prosecutor must sign the complaint and 
appear in court and personally conduct the prosecution. No appeal was 
taken against this decision. 

Shortly afterwards the same questions came before the High Court of 
Justiciary in the case of Wilson v. McLaughlin (1907), S.C. (J.), 61. In 
that case the respondent was charged in the Sheriff Court at Airdrie 
with two offences under the Sale of Food and Drugs Acts. At the trial 
of the case the complainer — the Medical Officer of Health for the county 
of Lanark — was not personally present in court, but was represented by 
a law agent, who conducted the prosecution on his behalf. In defence, 
numerous objections were stated, including an objection that the complainer 
could not be represented by a law agent. This objection was sustained by 
the sheriff. On an appeal by the complainer to the High Court of Justiciary, 
the decision was reversed on this point, on the ground that the complainer 
was a private prosecutor within the meaning of Section 9 of the Summary 
Jurisdiction Act, 1881, and was therefore entitled to be represented by a 
law agent at the hearing. Lord Ardwall, who gave the leading judgment, 
with regard to this objection, said : ' I read it as being aimed at not merely 
the physical absence of the prosecutor, but at the fact that he did not per- 
sonally conduct the case for the prosecution himself — in other words, what 
the respondent maintains is that, not only was the complainer bound to have 
been present in court when the complaint came on for trial, but ought to 
have conducted the prosecution himself. Now, the Summary Jurisdiction 



288 MEAT AND FOOD INSPECTION 

Act, 1 88 1, Section 9 (i), provides that " every complaint at the instance of a 
private prosecutor or complainer under the Summary Jurisdiction Acts 
may be signed either by such private prosecutor or complainer, or by a duly 
qualified law agent on his behalf, and such law agent may, in the absence of 
the private prosecutor or complainer, appear in court and conduct the prose- 
cution on his behalf." The question, accordingly, is, Does this complainer 
answer the description of a private prosecutor ? He must either be a public 
or a private prosecutor : there are only the two classes. Now, the public 
prosecutors are the Lord Advocate and his deputies, and the Procurator- 
Fiscals and their deputies, and also such persons as are specially appointed, 
in virtue of the provisions of such Acts of Parliament as the Burgh Police 
Acts, to prosecute in the public interest in the burgh courts. Every other 
prosecutor should be regarded as a private prosecutor in the sense of this 
provision. So much is that the case that in Acts which provide penalties 
for breaches of their provisions, and in which no power is given to officials 
of the bodies whose duty it is to enforce these Acts, such as the Pharmacy 
Acts, to institute proceedings at their own instance, the officials under these 
Acts have to obtain the concurrence of the Procurator-Fiscal, like ordinary 
private prosecutors. That is not necessary under the Sale of Food and 
Drugs Acts, which we are dealing with in the present case, because special 
power is given to any purchaser of an adulterated sample to institute these 
proceedings. That is made clear by the provisions of Section 33 (9). I 
have, therefore, no hesitation in saying that the persons who are authorized 
to institute proceedings, whether a purchaser under Section 12 or an official 
under Section 13, are entitled to prosecute complaints such as the present, 
as private prosecutors, at their own instance, without concurrence of the 
Procurator-Fiscal or other public prosecutor, and to conduct their prosecu- 
tion in court in the same manner as any other member of the public by means 
of a duly qualified law agent. I am of opinion that this view of the statutes 
derives support from what may be termed considerations of common sense ; 
for while medical officers of health, inspectors of nuisances, or inspectors of 
weights and measures, or inspectors of meat markets, or police constables, 
may be very suitable persons for procuring adulterated articles to be analyzed, 
they might in many instances be very unsuitable persons for conducting a 
case in court, and it is in the public interest that, where they think it advis- 
able, such persons should be entitled to employ a qualified law agent to 
conduct prosecutions. I may add that the present case is quite different 
from the case of Thomson v. Scott (3 Adam, 410) and other cases of officers 
appointed under the Education Act. That Act gives power to school boards 
to appoint any person they choose to conduct prosecutions at their instance — 
they may appoint a law agent, or any one whom they please ; but it was held 
in these cases that the person so appointed by them to conduct a prosecution 
was not entitled to delegate his duties to some one else. In Thomson's case 
the Procurator-Fiscal was appointed to conduct the prosecution, and it was 
held that he could not delegate that duty to his deputy, because, although 
the deputy was entitled to act for the Procurator-Fiscal in his ordinary 
work, yet he had no mandate, express or implied, from the school board to 
appear for them, and that the maxim delegatus non potest delegare applied to 
such a case.' 

Lord Dundas concurred in this opinion, and Lord Mackenzie stated that, 
with regard to this objection, he did not dissent. 

In prosecutions in the Glasgow Sheriff Court, reported in the Glasgow 
Herald of October 9 and 11, 1907, by George Whyte, residing in Cheshire, 
acting, it is said, on the instructions of the Irish Department of Agriculture, 
against several provision dealers in Glasgow for a contravention of Section 6 
of the Act of 1875 by their selling Irish butter which contained a large per- 
centage of fat foreign to milk, objection was taken to the competency of the 



THE SALE OF FOOD AND DRUGS ACT, 1875 289 

complaints on the ground that the prosecutor was a private prosecutor, and 
had failed to obtain the consent of the Procurator-Fiscal. Sheriff-Substitute 
Mackenzie, in accordance with Lord Ardwall's opinion in Wilson v. 
McLaughlin, repelled the objection, holding that the complainer, being a 
purchaser who had caused the analysis to be made within the meaning of 
Section 12 and this subsection, was entitled to prosecute without the con- 
currence of the Procurator-Fiscal. 

In the case of Motion v. McGinnes (1907), S.C. (J.), 105 ; 15 S.L.T., 276, 
which was a prosecution at the instance of an inspector of poor against a man 
for neglecting to maintain his wife and child — for a contravention of the Poor 
Law Act of 1845 — the prosecutor was not present in court, but was represented 
by a law agent, who appeared to conduct the proceedings for him. An objec- 
tion to his appearing, taken on behalf of the respondent, was sustained by the 
sheriff, and the complaint dismissed as incompetent in the absence of the 
inspector of poor. An appeal to the High Court of Justiciary was sustained, 
on the grotmd that the prosecutor was a private prosecutor within the meaning 
of Section 9 of the Summary Procedure Act, 1881. The Lord Justice-Clerk, 
in giving judgment, said : ' I have no doubt that the Sheriff -Substitute is 
wrong. ... If it had been the fact that the Prosecutor here was a public 
prosecutor I must say that I should have had very great difficulty in following 
Mr. Clyde's argument that the personal presence of the prosecutor was not 
necessary, provided he was represented by a qualified law agent. But I do 
not think that we have to determine any question of that sort here, because I 
am satisfied that this prosecutor is not a public prosecutor in the sense in 
which that expression is understood in our law. This is a case of a prosecu- 
tion for the purpose of preventing what is not in any proper sense a crime, 
but is simply a malum prohibitum,. It is just a prosecution under the Sum- 
mary Procedure Acts. I entirely concur in the views expressed by Lord 
Ardwall in the case of Wilson v. McLaughlin as to the distinction as to public 
prosecutors and private prosecutors, and I also entirely concur in what Lord 
Ardwall there said in regard to the decisions under the Education Acts. It 
.seems to me that these decisions were absolutely right, because the Act there 
expressly enacted that the Procurator-Fiscal or other person appointed by 
the school board " shall prosecute," and it was held that the person s© 
appointed had no power to delegate his duties to anyone else in accordance 
with the rule delegatus non potest delegare. There is no question of that sort 
here. The prosecutor here is not appointed to prosecute by anybody. It 
is simply a prosecution at the instance of an inspector of poor, and such an 
officer is not a public prosecutor. Under Section 9 of the Summary Juris- 
diction Act, 1 88 1, therefore, he was entitled to be represented by a duly 
qualified law agent. I think, therefore, that the complaint should be sent 
back to the sheriff to proceed.' Lord Stormonth-Darling and Lord Ardwall 
concurred. 

In the Duke of Sutherland v. Douglas (1907), S.C. (J.), 107, 15 S.L.T., 327, 
which was a complaint by a private complainer with concurrence of the Pro- 
curator-Fiscal charging the respondent with a contravention of the Poaching 
Act, the complaint was signed by a duly qualified law agent on behalf of the 
complainer. At the diet of compearance the complainer and his agent who 
had signed the complaint were absent, and, in consequence, the diet was ad- 
journed for a week. At the adjourned diet the respondent was present with 
his agent, but both the complainer and his agent who had signed the complaint 
were again absent. The latter, however, had sent his clerk, who was a quali- 
fied law agent, to conduct the prosecution. To this objection was taken on 
behalf of the respondent, the point of the objection being that where a com- 
plaint was signed by a law agent on behalf of a private prosecutor, only that 
law agent, and no other, could appear in court and conduct the prosecution. 
The Sheriff-Substitute sustained the objection and dismissed the complaint. 

19 



290 MEAT AND FOOD INSPECTION 

An appeal to the High Court of Justiciary was sustained, the court holding 
that the expression ' such law agent ' in Section 9 (i) of the Summary Juris- 
diction Act, 1 88 1, meant not merely the law agent who had signed the com- 
plaint, but any qualified law agent. 

It may, therefore, be taken as settled that, when a statute authorizes a 
person holding a particular office (other than a Procurator-Fiscal or Burgh 
Prosecutor), or empowers the authority charged with the execution of the 
statute to appoint a person to prosecute for contraventions of the statute, the 
person so authorized or appointed is a private and not a public prosecutor 
within the meaning of Section 9 of the Summary Jurisdiction Act, 1881, 
and he is entitled to instruct a qualified law agent to prepare and sign com- 
plaints on his behalf, and that any other qualified law agent he may instruct 
is entitled to appear in court and conduct the proceedings on his behalf. 

"^ In Colquhoun v. Magistrates of Dumbarton (1907), S.C. (J.), 57 ; 14 S.L.T., 
847, the provost, magistrates, and councillors of the burgh of DumlDarton, ' as 
local authority of said burgh under the Public Health (Scotland) Act, 1890,' 
prosecuted a dairy-keeper for a contravention of Section 6. In defence, it was 
objected that the complaint was incompetently laid, and that the complainers 
had no title to prosecute it. The Sheriff -Substitute repelled the objection and 
convicted the accused. In a suspension the High Court of Justiciary (Lords 
Ardwall, Dundas, and Mackenzie) sustained the objections and quashed the 
conviction. Lord Ardwall said : ' The question is whether the provost, magis- 
trates, and town council of the burgh of Dumbarton have a title to sue a com- 
plaint for a contravention of the Sale of Food and Drugs Act. I am of opinion 
that they have not. It has been explained to us that, at common law, cor- 
porate bodies are not the proper parties to prosecute in respect of offences, but 
that that must be done by a public prosecutor, unless such corporate bodies are 
specifically empowered to sue. It is said, however, that they are so empowered 
by the Sale of Food and Drugs Act. We find the provisions for the recovery of 
penalties are contained in Section 33, Subsection (9), of the Act of 1875. It 
says they are to be recovered in a summary manner before the sheriff, and 
then follows this : " Every such penalty may be recovered at the instance of 
the Procurator-Fiscal of the jurisdiction, or of the person who caused the 
analysis to be made from which it appeared that an offence had been com- 
mitted against some one of the provisions of this Act." It was argued that 
the person who caused the analysis to be made is really the local authority, 
on whom is laid the general duty of enforcing these Acts, and appeal was 
made to Section 2 of the Interpretation Act, 1889, as showing that the word 
" person " occurring in this provision might apply to them. It might do so 
if the " contrary intention " did not appear. I think the " contrary inten- 
tion " does appear, because, if we go back to see who are the persons on 
whom the duty is laid of causing an analysis to be made, we find from Sec- 
tion 13 that certain officers may procure samples, " and shall submit the same 
to be analyzed by the analyst of the district," and then the analyst is to give 
a certificate to such officer. . . . There are obvious reasons why in every 
complaint of this kind there should be some individual to prosecute instead 
of the complaint being at the instance of a fluctuating public body itself. 
That is the policy underlying the provisions with respect to the appointment 
of burgh prosecutors in the Burgh Police Acts. In the present case the 
complaint ought, in terms of the Act, to have been at the instance of the 
Procurator-Fiscal or of Mr. Briggs, who was the sanitary inspector for the 
burgh.' 

s This subsection is repealed. Section 20 contains a similar clause so far 
as Scotland is concerned. Section 6 of the Summary Jurisdiction (Scotland) 
Act, 1 88 1, confers power upon judges to mitigate penalties, and limits the 



THE SALE OF FOOD AND DRUGS ACT, 1875 291 

alternative penalty of imprisonment in default of payment to periods gradu- 
ated according to the amount of penalty. The court is also empowered, 
where a sum is adjudged to be paid, to allow time for payment, to direct pay- 
ment to be made by instalraents, or to require security or caution for the 
payment of such sums or instalments. 

^ The words in italics are repealed. All appeals against convictions under 
the Acts must be to the High Court of Justiciary under the Summary Prose- 
cutions Appeals (Scotland) Act, 1875 (38 ^-^^ 39 Vict., c. 62), and convictions 
may be brought under review of the same court by suspension. 

34. Application of the Act to Ireland/ — In the application 
of this Act to Ireland — 

The term ' borough ' shall mean any borough subject to the Act 
of the session of the third and fourth years of the reign 
of Her present Majesty, chapter one hundred and eight, 
intituled ' An Act for the Regulation of Municipal Corpora- 
tions in Ireland.' 

The term ' county ' shall include a county of a city and a county 
of a town not being a borough. 

The term ' assizes ' shall, with respect to the county of Dublin, 
mean ' presenting term.' 

The term ' treasurer of the county ' shall include any person or 
persons or bank in any county performing duties analogous 
to those of the treasurer of the county in counties, and with 
respect to the county of Dublin, it shall mean the finance 
committee. 

The term ' police constable ' shall mean, with respect to the 
police district of Dublin metropolis, constable of the Dublin 
Metropolitan Police, and with respect to any other part of 
Ireland, constable of the Royal Irish Constabulary, 

35. This Act shall commence on the first day of October, one 
thousand eight hundred and seventy-five. 

This section is repealed by the Statute Law Review (No. 2) Act, 1893 
(56 and 57 Vict., c. 54). 

36. This Act may be cited as ' The Sale of Food and Drugs Act, 
1875-' 

This Act and the Acts of 1879, 1887, 1899, and 1907 may be cited as th« 
Sale of Food and Drugs Acts, 1875 to 1899. 



19- 



.292 MEAT AND FOOD INSPECTION 



SCHEDULE. 

To' 



I, the undersigned, Public Analyst for the 

do hereby certify that I received on the day of , 19 , 

from^ a sample of for 

analysis (which, when weighed,^ ), and have analysed 

the same, and declare the result of my analysis to be as follows : 

I am of opinion that the same is a sample of genuine 

Or— 



I am of opinion that the said sample contained the parts as under, 
or the percentages of foreign ingredients as under : 



Observations.^ 

As witness my hand this day of , 19 

A. B. 

At 



^ Here insert the name of the person submitting the article for analysis. 

2 Here insert the name of the person delivering the sample. 

3 When the article cannot be conveniently weighed, this passage may be 
erased, or the blank may be left unfilled. 

* Here the analyst may insert at his discretion his opinion as to whether 
the mixture (if any) was for the purpose of rendering the article potable or 
palatable, or of preserving it, or of improving its appearance, or was unavoid- 
able, and mav state whether in excess of what is ordinary, or otherwise, or 
whether the ingredients or materials mixed are or are not injurious to health. 
In the case of a certificate regarding milk, butter, or any article liable to 
decomposition, the analyst shall specially report whether any change had taken 
place in the constitution of the article that would interfere with the analysis. 

There are numerous decisions as to the sufficiency of the analyst's certificate. 
The points raised have been mainly as to what variations were permissible 
in point of form., and as to whether the details of the analysis were sufficient 
to show that an offence had been committed. The distinctions are often 
somewhat fine, and the decisions not always easy to reconcile one with 



SALE OF FOOD AND DRUGS ACT, 1875 293 

another ; but the essential point to be kept in view is that the certificate, 
in the words of Lord Alverstone, ' ought to contain in it sufficient material 
to enable the magistrates to form a judgment on these materials whether the 
offence charged had been committed.' 

It is only necessary to fill in the weight where weight is material to show 
the accuracy of the analysis Sneath v. Taylor (1901), 2 K.B., 376, 65 J. P., 
54S ; Hunter v. Wintriip (1904), 7 F. (J.), 22. In the latter case it was held that 
it was in the discretion of the analyst to fill up the blank left for the weight. 
Lord McLaren said : ' I assume, in accordance with elementary principles, that 
in the absence of evidence to the contrarjr the analyst must be held to have com- 
plied with the statutory direction, and to have applied his mind to the question 
whether the article could be conveniently weighed or not. All proof on this 
point would appear to be superfluous, because I assume that he has done his 
duty, and the only question is whether he ought to have made a special 
report.' - 

It is not necessary to state the parts or percentage when the sample is 
genuine. All that the analyst requires to say is that the article is genuine. 
This is in accordance with the statutory form and with decision. See Bake- 
well V. Davis (1894), I Q.B., 296 ; 69 L.T., 832. 

In that case the respondent was charged with selling milk deficient in fat 
to the extent of 22 per cent. The anal^^st's certificate was as follows : ' I am of 
opinion that the said sample contained the parts as under, the percentages of 
foreign ingredients as under : 22 per cent, of fat less than the natural. Observa- 
tions : The abstraction of fat is a fraud, and may possibly be injurious to 
health.' It was held that this observation, although matter of opinion, 
should not necessarily vitiate the certificate. See Newby v. Sims, and Fortune 
V. Hanson {infra). 

In Newby v. Sims (1894), i Q.B., 478, 70 L.T., 105, in which the charge was 
the selling of whisky adulterated with 13 per cent, of water in excess of the 
statutory limit, the certificate was as follows : ' I find that the sample contained 
an excess of water over and above what is allowed by Act of Parliament. 
I estimate the excess of water at 13 per cent, of the entire sample. I am of 
opinion that the sample is not a sample of genuine rum.' It was held that 
the certificate did not disclose any offence, and contained nothing to show 
that the analyst knew what percentage was allowed by Act of Parliament. 
The certificate ought to have stated the total percentage of water contained 
in the sample. 

In Fortune v. Hanson (1896), i Q.B., 202 ; 74 L.T., 145, the charge was for 
selling milk to which water had been added. The certificate was as follows : 
' I am of opinion that the said sample contained the percentage of foreign 
ingredients as under ■ 5 per cent, of added water to the prejudice of the pur- 
chaser.' It was held that the certificate was bad as evidence, under the Act, 
of adulteration, because it did not state the constituent parts of the sample. 
Hawkins (J.) said • ' If the analyst found in the milk some material substance 
which ought not to be found in the milk at all, it would be sufficient for the 
certificate to state that the sample . . . contained so nauch per cent, of 
foreign gredient ; but when the magistrates have to decide whether the sample 
contained . . . added water, the question becomes much more difficult, because 
water is to be found in milk in its most pure state. ... I think the magistrates 
are entitled to inquire, and the Legislature intended they should have a state- 
ment in such a case as this of the parts of which the sample was composed. 
To say merely that a sample of milk contained 5 per cent, of added water 
is only to state the analyst's own opinion that water has been added. The 
magistrates have to exercise their ov/n judgment on the question . . . they 
ought to be informed . . . what was the total percentage of water.' 

In Findley v. Haas (1903), 99 L.T., 465, 19 T.L.R., 353, in which the charge 
was for selling brandy adulterated with water, the certificate was as follows : 



294 MEAT AND FOOD INSPECTION 

' I am of opinion that the sample contained the parts as under, or percentages 
of foreign ingredients as under : It has been reduced from 25 degrees under 
proof to 27"6 degrees under proof.' The High Court (Lord Alverstone, C.J., 
Wills and Channell, JJ.) held, reversing the decision of the justices, that the 
certificate was sufficient, as it showed that the analyst knew what was the 
statutory standard for brandy under the Act of 1899, and disclosed an 
offence. 

In Bridge v. Howard (1897), i Q.B., 80, 75 L.T., 300, in which the charge 
was for selling milk to which 6 per cent, water had been added, the certificate 
was as follows : ' I am of opinion that the sample contains the parts as under : 
Milk, 94 per cent. ; added water, 6 per cent. This opinion is based on the fact 
that the sample contained 7*97 solids-not-fat, whereas genuine milk contains 
not less than 8" 5 solids-not-fat.' It was held that the certificate was sufficient, 
because it gave the reasons for the analyst's conclusion, and on the informa- 
tion so given the party charged could act and the justices form a judgment. 

In Gonlder v. Rook, Bent v. Ormerod, Lee v. Bent, Barlow v. Noblett (1901), 
2 K.B., 290, 84 L.T., 719, the offence charged was for selling beer containing 
arsenic. The certificates stated in the one case that the sample of beer contains 
arsenic, in the other case that it contains a serious quantity of arsenic. They 
were held not to be sufficient on the ground that they did not state the con- 
stituents of ordinary beer, or the amount of arsenic found in the samples, and 
therefore they did not show that the offence charged had been committed. 

There are several decisions to the effect that where the certificate did not 
specify whether any change had taken place in the constitution of the article 
to interfere with the analysis in articles, such as milk, butter, etc., they were 
insufficient. The following are the leading cases : Peart v. Barstow (18S0), 
44 J. P., 690, which was a milk case ; Htidson v. Bridge (1903), 67 J. P., 186, 19 
T.L.R., 369, in which this charge was for selling vinegar of squills deficient in 
acetic acid, where an opinion was expressed that this deficiency in the analyst's 
certificate could not be cured by the oral evidence of the analyst. The decision 
was followed in Scotland in Hunter -v. Wintrup (1904), 7 F. (J.), 22, in which the 
charge was for selling margarine as butter. Lord McLaren said, in concurring 
in the opinion of Lord Alverstone and Mr. Justice Channel], who decided Hudson 
V. Bridge : ' 1 entirely concur in the reasoning of these learned judges, and I 
think the direction in the schedule refers to the article in question, which pur- 
ported to be butter sent for analysis. The analyst must keep in view the 
provisions as to a certificate relating to butter when the substance sent him 
for analysis is sent to him as butter. He cannot know what the article is 
until he has analysed it, but he is required to deal with it from the beginning 
as if it were butter, which is an article liable to decomposition. ... In 
the ordinary case the exaraination of the analyst as a witness is dispensed 
with, and it is necessary, in order that advantage may be taken of this economi- 
cal provision, that the report should be strictly in terms of the statute.' 

In Bayley v. Cook (1905), 21 T.L.R., 235, the respondent was charged with 
selling milk deficient in fat to the extent of 53 per cent. It was objected on 
behalf of the respondent that the analyst's certificate was defective, owing to its 
not stating the standard on which it was based. The material parts of the 
certificate were as follows : ' I am of opinion that the sample contained the parts 
as under : milk-fat i'4 per cent., milk solids other than milk-fat 5 '6 per cent. 
Observations : This milk is deficient in milk solids other than milk fat to the 
extent of 2*9 per cent., which is equivalent to the addition of 34^2 per cent, 
of water. It is also deficient in milk-fat to the extent of 53*4 per cent of milk- 
fat.' It was held that the certificate was sufficient. 

As to how far the analyst's certificate is sufficient evidence of the facts 
therein stated, see Section 21 [ante, p. 268, note i) and Section 22 of the Act 
of 1899 [post, p. 326, note 2). 



SALE OF FOOD AND DRUGS ACT AMENDMENT ACT, 1879 295 

THE SALE OF FOOD AND DRUGS ACT AMENDMENT 
ACT, 1879 

(42 and 43 Vict., c. 30.) 

An Act to Amend the Sale of Food and Drugs Act, 1875 
(July 21, 1879). 

Whereas conflicting decisions^ have been given in England and in 
Scotland in regard to the meaning and effect of Section 6 of the 
Sale of Food and Drugs Act, 1875, in this Act referred to as the 
principalrAct, and it is expedient, in this respect and otherwise, to 
amend the said Act. 

^ The conflicting decisions referred to are Davidson v. McLeod, and Hoyle v. 
Hitchnian, cited infra. 

1 . Short Title. — This Act may be cited for all purposes as the 
Sale of Food and Drugs Act Amendment Act, 1879.^ 

^ The whole Acts may be cited as ' The Sale of Food and Drugs Acts, 187 5 
to 1907 ' (1899 Act, Section 28 ; and 1907 Act, Section 14). 

2. In Sale of Adulterated Articles no Defence to allegre 
Purchase for Analysis/ — In any prosecution under the provisions 
of the principal Act for selling to the prejudice of the purchaser^ any 
article of food or any drug which is not of the nature, substance, 
and quality of the article demanded by such purchaser,^ it shall be 
no defence to any such prosecution to allege that the purchaser, 
having bought only for analysis, was not prejudiced by such sale. 
Neither shall it be a good defence to prove that the article of food 
or drug in question, though defective in nature or in substance or 
in quality, was not defective in all three respects. 

^ This enactment was rendered necessary by the decision of the High Court 
of Justiciary in Davidson v. McLeod (1877), 5 R. (J.), i ; 3 C, 511, where it 
was held by a full Bench (Lords Craighill and Adam dissenting) that, to con- 
stitute an offence under Section 6 of the Act of 1875, the sale of an article 
of food or a drug must be to the prejudice, though not necessarily the pecuniary 
prejudice, of the purchaser, and that a public officer purchasing for analysis 
under powers conferred by Sections 13 to 17 could not be prejudiced in the 
sense of Section 6. 

In that case an opinion was expressed by two of the judges (the Lord 
Justice-Clerk and Lord Yoxang) that, to infer a contravention of Section 6 of 
the Act, the article sold must be not of the ' nature,' not of the ' substance,' 
and not of the ' quality ' of the article demanded, and not merely deficient 
in one or other of these attributes. In the later case of Hoyle v. Hitchman 
(1879), 4 Q.B.D., 233 ; 40 L.T., 252, the English courts took a different view; 
but, as by the decision in Davidson v. McLeod the Act was rendered inopera- 
tive in Scotland, the amendment introduced by this section was necessary. 

2 See notes to Sections 6 and 13 of Act of 1875 {a-nte, pp. 240, 258). 



296 MEAT AND FOOD INSPECTION 

3. Officer, Inspector, or Constable, may obtain a Sample 
of Milk at the Place of Delivery to submit to Analyst/— 

Any medical officer of health, inspector of nuisances, or inspector 
of weights and measures, or any inspector of a market, or any 
police constable^ under the direction and at the cost of the local 
authority appointing such officer, inspector, or constable, or charged 
with the execution of this Act, may procure at the place of delivery^ 
any sample of any milk in course of delivery* to the purchaser 
or consignee in pursuance of any contract^ for the sale to such 
purchaser or consignee of such milk ; and such officer, inspector, 
or constable, if he suspect the same to have been sold contrary to 
any of the provisions of the principal Act,^ shall submit the same to 
be analysed, and the same shall be analysed,'^ and proceedings shall 
be taken, and penalties^ on conviction be enforced in like manner in 
all respects as if such officer, inspector, or constable had purchased 
the same from the seller or consignor under Section 13 of the 
principal Act. 

1 Section 14 of the Act of 1899 extends the provision of this section ' to every 
other article of food,' but with the proviso that ' no samples shall be taken 
under this section except upon the request or with the consent of the purchaser 
or consignee.' It must, therefore, be kept in view that while samples of milk 
can be taken on delivery without the consent of the purchaser or consignee, 
samples of other articles cannot be taken without such consent. 

2 In Harris v. Williams (1899), 6 T.L.R., 47, it was held that where milk 
is delivered wholesale under a contract, the purchaser or consignee cannot 
institute proceedings, and that in such cases proceedings can only be taken 
under the provisions of this section by the officers named in Section 1 3 of the 
principal Act under the direction and at the cost of the local authority. 

In Holt V. Morris (1893), 57 J-P-. 44^' the Recorder of West Bromwich held 
that an officer taking a sample under this section must be present when it is 
taken, so as to be able to see for himself and vouch for the manner in which 
the sample is procured. Whether an officer taking a sample under this section 
can do so by deputy has not been decided by a supreme court. It is difficult 
to see what there is in the language of the sections for any distinction between 
the taking of samples under this section and under Section 14 of the Act of 

1875. 

In Rolf V. Thompson (1892), 2 Q.B., 196 ; 67 L.T., 295, it was held that an 
inspector who took a sample under this section and divided it, retaining one 
part and submitting the other part to be analysed, was not bound to submit 
for analysis the whole sample taken by him. 

In McNair v. Cave (1903), i K.B., 24; 87 L.T., 680, it was held that this 
section can only be put in force by the local authority within whose district 
the place of delivery is situated, an inspector having no power under this 
section to take samples in any place outside his own district. 

3 The sample can only be taken at the place of delivery, and when the 
article is in the course of delivery. 

In Filshie v. Evington (1892), 2 Q.B., 200 ; 66 L.T., 199, the appellant, who 
lived at C, contracted with a dairy company for the sale to them of milk from 
his dairy, to be delivered in London, or at such other station as the purchaser 
should from time to time appoint, the carriage of the milk from C. to be paid 



SALE OF FOOD AND DRUGS ACT AMENDMENT ACT, 1879 297 

by the purchasers. The purchasers appointed H. as a station for the delivery 
of the milk under the contract. The appellant consigned milk from C. to the 
purchasers at H. Immediately on its arrival at the latter station, and before 
possession of it was taken by the purchasers, a sample was taken by an officer 
under this section, and was, upon analysis, found to be adulterated by the 
addition of water. It was contended on behalf of the appellant that C, and 
not H., was the place of delivery, on the ground that there was a provision 
in the contract for the payment of the carriage by the purchasers between 
C. and H. Notwithstanding this, the court held that H. was the place of 
delivery of the milk to the purchasers within the meaning of this section, and 
that the appellant was, therefore, rightly convicted of an offence under the Acts. 

In Lush V. Wilson (1890), 54 J. P., 73, there was a verbal contract between 
a farmer and a retail milk-seller that a certain quantity of milk should be de- 
livered to the latter every day. The first deliveries were made at Basingstoke, 
but eventirally the milk was sent on every day to Reading, the milk-seller 
paying the carriage from Basingstoke. A sample was taken at Reading, 
and in a prosecution under Section 6 of the principal Act it was held that 
Reading was the place of delivery. 

In Sanders V. Sadler (1906), 23 T.L.R., 11, the respondent contracted to buy 
from E. R. W., county of Nottingham, about 16 barn gallons of pure new 
milk with all its cream, delivered daily, carriage paid to Wanstead Park 
Station, properly cooled and in good condition. Churns of milk duly labelled 
in terms of Section 25 of the Act of 1875 reached the above station, and 
about forty-five minutes later were received by the respondent's servant. 
It was held in a prosecution for an offence under Section 6 that the place of 
delivery was Wanstead Park Station, and that the respondent was not 
bound to negative the possibility of the churns being tampered with during 
the forty-five minutes they were there. 

* In Semple v. Dunbar (1904), 6 F. (J.), 65 ; 12 S.L.T., 253, the servant 
of the appellant, a wholesale milk-dealer, in pursuance of a contract between 
the appellant and a retail milk-seller, took milk from the appellant's cart, 
in cans belonging to Semple, into the milk-seller's shop, and there poured 
it into empty cans belonging to the milk-seller. A sanitary inspector and 
his assistant were present while this was being done, and immediately after 
the milk was poured into the milk-seller's cans the inspector took a 
sample of the milk from these cans for analysis under this section. The 
milk having on analysis been found to be deficient in fat, the wholesale milk- 
dealer was prosecuted for a contravention of Section 6, and was convicted. 
On an appeal, it was held by the High Court of Justiciary (Lords Justice- 
Clerk, Trajmer, and Moncrieff) that the sample was taken while the milk was 
in course of delivery. Lord Moncrieff said : ' I think it would be a strained 
and mischievous interpretation of the statute to hold that the samples were 
not taken while the milk was in course of delivery. The milk passed at once 
into the custody of the inspector, and the purchaser had no opportunity, had 
he so wished, of tampering with it.' 

See Crawford v. Harding (1906), 14.S.L.T., 422, where samples of milk were 
taken under this section in the same way. The Sheriff-Substitute held that the 
samples were taken in course of delivery, and although in a case stated for 
appeal to the High Court of Justiciary this was one of the questions of law 
submitted for the decision of the court, the decision of the Sheriff-Substitute 
on this point seems to have been acquiesced in. 

s In Phelan v. Rorke (1883), 17 Ir.L.T., 649, a milkman was hawking milk 
from door to door. While he was pouring some milk into a custonier's jug 
an inspector came up and demanded a sample, which was refused. There was 
no evidence of any contract for the sale of milk, but the court had no difficulty 



298 MEAT AND FOOD INSPECTION 

in holding that the milk was being delivered in pursuance of a contract, and 
that the milkraan was rightly convicted under Section 4 for refusing to give 
milk for analysis. 

^ In Hiett v. Ward (1894), 58 J. P., 132, 461 ; 70 L.T., 374, a farmer was 
charged with selling adulterated milk, A carrier was about to deliver a churn 
of milk to a dairyman for sale, when a pint of milk was bought of him, 
which, on analysis, was found to contain 10 per cent, of added water. The 
farmer contended that he did not sell, as the carrier was not his agent. The 
farmer was convicted under this section, the milk being then in course of 
delivery. It was held that the variation between the offence charged and the 
offence proved was covered by the Summary Jurisdiction Act, 1848 (11 and 
12 Vict., c. 43, s. i). The Summary Procedure (Scotland) Act, 1864 (27 and 
28 Vict., c. 53, s. 5) covers a similar variation. That section provides that 
no objection to a complaint shall be allowed in respect of any variance between 
the complaint and the evidence adduced by the prosecutor, if such variance 
makes no change in the character of the offence charged. 

"^ In various English cases it has been decided that an officer obtaining 
a sample of goods under this section at the place of delivery to the pur- 
chaser was under no obligation to comply with the provisions of Section 14 
of the Act of 1875 by notifying to the seller his intention to have the sample 
analysed, or to divide the sample into three parts, and to give one to the seller 
or his agent. The decisions referred to are Rouch v. Hall (1880), 6 Q.B.D., 
17; 45 J. P., 220; Harris v. Williams (1889), 6 T.T.R., 47; and Rolfe v. 
Thompson (1892), 2 Q.B., 196; 67 L.T., 295; Morton v. Fyfe (1896), 24 R. 
(J.), 9; 2 A., 174. 

See, however. Section 10 of the 1899 -'^ct, which provides that in the case 
of a sample of milk taken in course of delivery, or of margarine or margarine 
cheese forwarded by a public conveyance, the person taking the sample shall 
forward by registered parcel or otherwise a portion of the sample, marked and 
sealed or fastened up, to the consignor, if his name or address appear on the 
can or package containing the article sampled. It would thus appear that it is 
only necessary to send to the seller or consignor samples of milk, margarine, 
and margarine cheese. 

^ It has been frequently held that the procuring of each sample is a separate 
transaction, and that the vendor can be prosecuted for separate offences in 
respect of each sample. See Fecitt v. Walsh (1891), 2 Q.B., 304; 17 Cox 
C.C, 322. 

4. Penalty for Refusal to give Milk to Analyst.— The seller 
or consignor or any person or persons entrusted by him for the 
time being with the charge of such milk, if he shall refuse to allow 
such officer, inspector, or constable to take the quantity which 
such officer, inspector, or constable shall require for the purpose of 
analysis,^ shall be liable to a penalty not exceeding ten pounds.^ 

^ The provisions of this section are now, by Section 14 of the Act of 1899, 
extended to every other article of food, with the proviso, however, that every 
sample taken under Section 14 of the Act of 1899 must be taken at the request 
or with the consent of the purchaser or consignee. 

2 The provision in Section 17 of the Act of 1899 for increase of penalty 
and subsequent convictions does not apply to a contravention of this section. 
(See Notes to Section 17 of the Act of 1875, pp. 264, 265.) 



SALE OF FOOD AND DRUGS ACT AMENDMENT ACT, 1879 299 

5. Sale in Streets. — Any street or open place of public resort 
shall be held to come within the meaning of Section 17 of the 
principal Act. 

6. Reduction of Spirit allowed. — In determining whether an 
offence has been committed under Section 6 of the said Act, by 
selling to the prejudice of the purchaser spirits not adulterated 
otherwise than by the admixture of water, it shall be a good 
defence to prove that such admixture has not reduced the spirit 
more than twenty- five degrees under proof for brandy, whisky, or 
rum, or thirty-five degrees under proof for gin.^ 

^ Indirectly this section fixes a standard of strength for the spirits named in 
it. The onus will, by Section 24 of the 1875 Act, be upon the accused to prove 
that the spirit has not been reduced below the standard. Notwithstanding 
this section, a vendor may also plead want of prejudice of the purchaser by 
notice given to him at the time of sale, verbally or by label under Section 8, 
that the article was diluted below, or not guaranteed to be of, the standard 
strength. See Sandys v. Small, and Gage v. Elsey, referred to under Section 6 
of the 1875 Act, p. 242. Pashler v. Stevenitt (1876"!, 35 L.T., 862 ; 41 J. P., 136 ; 
and Webb v. Knight (1876), 2 Q.B.D., 530, were prosecutions for contravening 
Section 6 by selling diluted spirits, but they are superseded as authorities by 
this section. 

In Wilson and McFee v. Wilson (1903), 6 F. (J.), 10, it was held that there 
was no statutory standard of purity for brandy, and that the court was entitled 
to decide what that standard was on the evidence before it. See ante, p. 247, 
for fuller notes on this case. 

7. Extension of Meaning" of County. — Every hberty having 
a separate court of quarter sessions, except a liberty of a cinque 
port, shall be deemed to be a county within the meaning of the 
said Act. 

8. Quarter Sessions Boroug-hs not to contribute to County 
Analyst. — The town council of any borough having a separate 
court of quarter sessions shall be exempt from contributing towards 
the expenses incurred in the execution of the principal Act in respect 
of the county within which such borough is sittiate, and the treasurer 
of the county shall exclude the expenses so incurred from the account 
required by section one hundred and seventeen of the Municipal 
Corporation Act, 1835, to be sent by him to such town council. 

This section is repealed by 45 and 46 Vict., c. 50, s. 5, but the exemption is 
re-enacted by Section 52 of that Act. 

9. Provision for Boroug-hs with Separate Police.— The 

town council of any borough having under any general or local Act 
of Parliament, or otherwise, a separate police establishment, and 
being liable to be assessed to the county rate of the county within 



300 MEAT AND FOOD INSPECTION 

which the borough is situate, shall be paid by the justices of 
such county^ the porportionate amount contributed towards the 
expenses incurred by the county in the execution of the principal Act 
by the several parishes and parts of parishes within such borough in 
respect of the rateable value of the property assessable therein, as 
ascertained by the valuation lists for the time being in force. 

^ For ' justices of such county,' read ' countv council ' (Local Government 
Act, i8SS). 

10. Special Provision as to Time for Proceeding's. — In all 

prosecutions under the. principal Act, and notwithstanding the pro- 
visions of Section 20 of the said Act, the summons to appear before the 
magistrates shall be served upon the person charged with violating 
the provisions of the said Act within a reasonable time, and in the 
case of a perishable article not exceeding twenty-eight days from thz 
time of the p^irchase from such person for test pitrposes of the food 
or drug, for the sale of which in contravention to the terms of the prin- 
cipal Act the seller is rendered liable to prosecution, and particulars 
of the offence or offences against the said Act of which the seller is 
accused, and also the name of the prosecutor, shall be stated on the 
summons, and the summons shall not be made returnable in a less 
time than seven days from the day it is served upon the person sum- 
moned. 

This section is repealed by Section 27 of the 1899 Act and Schedule, but its 
provisions are re-enacted with alterations and additions in Section 19 of the 
same Act. 



THE MARGARINE ACT, 1887 

(50 and 51 Vict., c. 29.) 

An Act for the Better Prevention of the Fraudulent Sale 
OF Margarine (August 23, 1887). 

Whereas it is expedient that further provision should be made 
for protecting the public against the sale as butter of stibstances 
made in imitation of butter, as well as of butter mixed with any 
such substances : 

BE it therefore enacted by the Queen's most Excellent Majesty, 
by and with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament assembled, 
and by the authority of the same, as follows : 

1 . Short Title. — This Act may be cited as the Margarine Act, 

1887. 



THE MARGARINE ACT, 1887 301 

2. Commencement of Act. — This Act shall come into opera- 
tion on the first day of January, one thousand eight hundred and 
eighty-eight. 

3. Definition. — The word ' butter ' shall mean the substance 
usually known as butter, made exclusively from milk or cream, or 
both, with or without salt or other preservative, and with or without 
the addition of colouring matter.^ 

The word ' margarine '^ shall mean all substances, whether com- 
pounds or otherwise, prepared in imitation of butter, and whether 
mixed with butter or not, and no such substance shall be lawfully 
sold, except under the name of margarine, and under the conditions 
set forth m this Act. 

1 In Roose v. Perry and Company (1900), 44 S.J., 503, the defendant was 
sued in the County Court for damages for breach of warranty that certain 
butter supphed by him was ' pure butter.' An appeal was taken to Divisional 
Court on the ground that the judge had erred in refusing to consider or decide 
what ' pure butter ' meant as an article of coramerce, and in holding that, as 
a small quantity of boric acid had been added to it since it left the churn, it 
was not in fact ' pure butter,' and not therefore according to warranty. The 
court (Ridley and Bigham, JJ.) allowed the appeal. Mr. Justice Bigham 
said : ' If the decision of the judge was to be upheld in this case, it seems to 
me that the mere introduction of a little salt would render the defendants 
liable. I cannot believe the parties ever intended that the butter to be 
supplied should be in the simple state that it left the churn, for the purchaser 
expected that some preservative would be added so that it should keep good 
while exposed for sale in her shop. I should myself have had no hesitation 
in finding that this was pure butter within the meaning of the warranty, but 
that is a question of fact for the judge and not us to decide. I think that he 
went wrong in refusing to take into consideration evidence that this expression 
" pure butter " had a meaning as used between the plaintiff and defendants 
in trade apart from its natural meaning.' 

2 See the Act of 1899, Section 5, which extends the provisions of this Act to 
' margarine-cheese,' and Section 25 of that Act for definition of ' margarine- 
cheese ' and ' cheese.' 

Section 13 of the Butter and Margarine Act, 1907, substitutes for this 
definition of margarine the following : ' Any article of food, whether mixed 
with butter or not, which resembles butter, and is not milk-blended butter '; 
and Section i (i) [b) of the same Act defines milk-blended butter as ' any 
mixture produced by mixing or blending butter with milk or cream other 
than condensed milk or cream '; and Section 4 makes it an offence to prepare 
or manufacture for sale or consignment butter or margarine containing more 
than 16 per cent., or milk-blended butter containing more than 24 per cent, 
of water. 

These enactments were rendered necessary by the practices disclosed in the 
following cases : In Burton v. Mattinson (1902), 86 L.T., 770 ; 66 J. P., 628, 
in answer to a request for margarine, a purchaser was supplied with a sub- 
stance containing 21 per cent, of water, being, as the analyst certified, 5 per 
cent, more than margarine should contain. The seller contended that the 
article supplied was margarine, but the court held that it was margarine and 
water, and that the seller had rightly been convicted of an offence under 
Section 6 of the Act of 1875. This decision was followed in Roberts v. Leeming 
(1905), 69 J. P., 417 ; 3 L.G.R., 1031. 



302 MEAT AND FOOD INSPECTION 

In Bayley v. Pearks, Gunston, and Tee, Limited (1902), 87 L.T., 67 ; 66 J. P., 
790, it was held that a mixture of butter and fresh milk was not margarine, 
and notwithstanding Section 8 of the Act of 1899, might be sold as butter 
with a protective label, although it contained more than 10 per cent, of 
butter-fat. 

See Act of 1907, Section 9, post, p. 336, as to conditions under which this 
substance may be dealt with, sold, or exposed for sale, possessed for sale, or 
described. 

In Tanner v. Dyhall (1906), 94 L.T., 539 ; 120 L.T.J., 57, the respondent 
went into the appellant's shop and asked for half a pound of ' Marvo,' and was 
served with a substance from a bottle labelled ' Margarine,' which substance, 
before being handed to the respondent, was wrapped in paper on which was 
printed in i|--inch letters 'Margarine.' Inside the package was found a slip 
on which was printed : ' Marvo (registered by Act of Parliament) . Without 
this slip none is genuine,' and behind the counter was a notice : ' Notice. — 
Marvo, the only butter substance equal in flavour to the finest dairy butter, 
to comply with the provisions of the Food and Drugs Act, is sold as margarine.' 
The Appeal Court held, reversing the decision of the magistrate, that the 
appellant had not sold a substance prepared in imitation of butter under a 
name other than margarine, within Section 3 of the Margarine Act of 1887, 
the judges holding that the article had really been sold as margarine, the 
fancy name being mainly to attract customers. 

In Kecloma Daivy Company, Limited, v. Jones (1906) 22 T.L.R., 535, the res- 
pondent, an inspector under the Acts, asked at the appellants' shop for half a 
pound of ' keeloma,' and received a substance wrapped in a brown paper, 
with no label upon it. On the parcel being opened, it was found that there 
was a second wrapper of paper with the word ' margarine ' printed upon it, as 
required by the Margarine Acts. Notices were displayed in the shop stating 
that ' keeloma ' and ' overweight,' the new butter-substitutes, were sold 
there, and to comply with the Acts they were sold under the name of ' mar- 
garine.' The respondent and his deputy who made the purchase both knew 
that the substance named ' keeloma ' was, in fact, margarine. The justices 
convicted the appellant of selling margarine under another name, contrary 
to this section. On appeal to the High Court, this decision was reversed. Mr. 
Justice Darling said the appeal must succeed. The Act provided that no 
substitute for butter should ' be lawfully sold except under the name of 
margarine,' but it did not follow because it was sold under another desig- 
nation that it was sold ' except under the name of margarine.' That was 
laid down in the case of Tanner v. Dyball, which seemed to cover this case. 
He was unable to see that the points of difference were really material. He 
thought ' that many of these prosecutions that came before the court were 
childish. At the time the Act was passed butter-substitutes were new, and 
poor, ignorant people might be led to buy some stuff which the Legislature 
called margarine, under the impression that they were getting butter. But 
the thing had gone on so long that probably there was more margarine sold 
than butter. People knew perfectly well that they were not buying butter 
when they asked for something called " keeloma," or some such name. It 
was well known that all these things meant something that was not butter.' 

Section 8 of the Act of 1907 renders the two last cases cited no longer authori- 
tative. That section provides for fancy or other descriptive names approved by 
the Board of Agriculture and Fisheries being allowed in combination with the 
word ' margarine ' on any wrappers, packages, advertisements, and invoices 
used in connection with margarine, if printed in type not larger than and in 
the same colour as the word ' margarine.' 

4, Penalty. — Evei-y person dealing in margarine/ whether whole- 
sale or retail, whether a manufacturer, importer/ or as consigner 



THE MARGARINE ACT, 1887 303 

or consignee, or as commission agent or otherwise, who is found 
guilty of an offence under this Act, shall be liable on summary 
conviction for the first offence to a fine not exceeding twenty 
pounds,^ and for the second offence to a fine not exceeding fifty 
pounds,^ and for the third or any subsequent offence to a fine not 
exceeding one hundred pounds.^ 

^ Or margarine-cheese (Section 5 of Act of 1899). 

2 For definition of ' importer,' see Section i (2) of Act of 1899. 

3 Section 8 of Act of 1899 imposes the penalties provided by this Act for 
the offence of selling margarine containing more than 10 per cent, of butter- 
fat. See Section 4 of Act of 1907, limiting the percentage of moisture in 
butter, margarine, and milk-blended butter, and imposing penalties for con- 
traventions ; also Section 5 of the same Act, making it an offence to import 
these articles containing moisture in excess of the specified limits. By 
Section 17 (2) of the Act of 1899 a person convicted of offences under this 
Act may in certain circumstances be imprisoned. See Section 12, post, as 
to proceedings under this Act. 

5. Exemption from Penalty. — Where an employer is charged 
with an offence against this Act he shall be entitled, upon informa- 
tion duly laid by him, to have any other person whom he charges 
as the actual offender brought before the court at the time ap- 
pointed for hearing the charge, and if, after the commission of the 
offence has been proved, the employer proves to the satisfaction 
of the court that he had used due diligence to enforce the execution 
of this Act, and that the said other person had committed the 
offence in question without his knowledge, consent, or connivance, 
the said other person shall be summarily convicted of such offence, 
and the employer shall be exempt from any penalty. 

This section is adapted to English procedure. It does not seem to be 
frequently applied. In Scotland it has never, so far as reported, been applied, 
and is, indeed, quite unsuitable to Scotch summary procedure. 

6. Mapking" of Cases.— Every person dealing in margarine in 
the manner described in the preceding section shall conform to the 
following regulations : 

Every package,^ whether open or closed, and containing mar- 
garine,^ shall be branded or durably marked ' Margarine ' on the 
top, bottom, and sides in printed capital letters not less than 
three-quarters of an inch square ; and if such margarine^ be exposed 
for sale^ by retail,* there shall be attached to each parcel thereof so 
exposed, and in such manner as to be clearly visible to the pur- 
chaser, a label marked in printed capital letters not less than one 
and a half inches square, ' Margarine '; and every person selling 
margarine^ by retail, save in a package duly branded or durably 



304 MEAT AND FOOD INSPECTION 

marked as aforesaid, shall in every case deliver the same to the 
purchaser in [or with]^ a paper wrapper,^ on which shall be printed 
in capital letters^ [not less than a quarter of an inch square'],^ 'Mar- 
garine.' 

The first part of this section applies to sales of margarine by wholesale, the 
second to sales by retail. The provisions of this section are extended to sales, 
wholesale and retail, of margarine-cheese by Section 5 of the Act of 1899, 
and of milk-blended butter by Section 9 of the Act of 1907. 

^ Section 6 of the Act of 1899 requires the brand or mark to be on the 
package itself, and not solely on a label, ticket, or other thing attached thereto. 

In McNaiv v. Horan (1904), 91 L.T., 555 ; 68 J. P., 518, the defendant had 
behind the counter of his shop, in full view of anyone entering the shop, a tub 
open at the top containing margarine. From the tub he scooped the mar- 
garine and delivered it to customers. It was held that the tub was a package 
within the meaning of this section. 

2 Or margarine-cheese or milk-blended butter, as the case may be. 

3 In Crane v. Lawrence (1890), 25 Q.B.D., 152 ; 63 L.T., 197, margarine i 
was in the seller's shop for the purpose of sale. It was in a parcel not labelled I 
as required by the Act, but it was behind a screen, and was invisible to cus- 
tomers in the shop. The court held that the parcel of margarine was not 
exposed for sale, and therefore did not require to be labelled. 

In Wheat v. Brown (1892), i Q.B., 418 ; 66 L.T., 464, a dealer in margarine 
had on his counter a number of parcels of margarine, each parcel being ; 
wrapped in paper, so that the contents could not be seen, but the parcel was : 
clearly in view. On the paper wrapper of each parcel the word ' Margarine ' ' 
was printed in the required size of print, and was quite visible. The shop- 1 
keeper was prosecuted for failure to attach to the parcel the label required ! 
by this section. The justices held, on the authority of Crane v. Lawrence, j 
supra, that the margarine being wrapped in paper, it was not exposed for \ 
sale. On appeal, their decision was reversed. Wright (J.) said : ' In this 
case the justices refused to convict the defendant upon the ground that the 
second part of Section 6 does not apply to margarine which is wrapped up 
in paper. That, in my opinion, is a wrong view of the section. The expres- 
sion " exposed for sale " is a well-understood term, and cannot be limited so 
as to mean only " exposed to view." ' 

* In Moore v. Pearce's Dining and Refreshment Rooms, Limited (1895), 
2 Q.B., 657 ; 73 L.T., 400, the proprietor of an eating-house sold to customers, 
for consumption on the premises only, slices of bread and haddocks with a 
mixture of Danish butter and margarine spread on the bread and placed on 
the haddocks. The mixture was cut from a lump on a shelf. There were 
no labels or wrappers on the slices or on the lump from which the mixture 
was cut. It was held that no offence had been committed under this section, 
and that its provisions did not apply to the kind of business carried on by 
the defendants. 

In Maguirev. Porter (1905), 2 Ir.R., 147, there was on defendant's counter 
a butt of margarine from which the lid had been removed, and which was 
branded on the lid, bottom, and sides with the word ' Margarine.' The 
margarine was exposed for sale by retail. The prosecutor asked for one pound 
of margarine, and was supplied by defendant's assistant, who sliced that quan- 
tity off the margarine in the butt. Held that the butt of margarine exposed 
for sale was a parcel of margarine within the meaning of this section, and 
should have been labelled as required by the section. 



THE MARGARINE ACT, 1887 305 

In Parkinson v. McNair (1905), 69 J. P., 399 ; 93 L.T., 553, six separate 
pound pats of margarine arranged in the shape of a pyramid were exposed for 
sale by retail, each partly wrapped in paper, with no common wrapper or 
fastening. Held that the six pats formed a parcel, and not six parcels, and 
required only one label. 

^ The words in italics and brackets are repealed by Section 6 (3) of the 
Act of 1899. 

^ What is a ' wrapper ' within the meaning of this section is a question 
which has been raised in several cases. In Fyfe v. McLaughlin (1893), 
30 S.L.R., 899 ; I Adam, 74, it was held by the Court of Justiciary that a 
wrapper bearing the word ' Margarine ' printed upon it in letters of the size 
and type required, and in such a way as to stand out as a word by itself, 
was in compliance with the section, although there was other matter of the 
nature of « trade advertisement printed on the wrapper. 

In World's Tea Company v. Gardner (1895), 59 J. P., 358, margarine was 
sold in wrappers marked ' Margarine,' but the vendor delivered it to the 
purchaser in a second wrapper which concealed the marking on the first. 
It was held that no offence under this section had been committed. 

In Toler v. Bischop (1895), 73 L.T., 403 ; 60 J. P., 18, several questions as 
to the meaning of wrappers and packages were decided. A pound of mar- 
garine was sold in a cardboard box to which a folded paper containing an 
advertisement of margarine was attached by a paper band. The word ' mar- 
garine ' in letters of the required size was printed partly on the box, partly 
on the paper, and partly on the band. It was held — (i) that the box, paper, 
and band together constituted a wrapper within the meaning of this section ; 
and (2) that the box was not a package within the meaning of the first part 
of the section ; (3) an opinion was expressed that that part of the section did 
not apply to sales by retail ; and (4) although the question did not arise for 
decision. Lord Russell of Killowen was strongly of opinion (contrary to the 
decision in World's Tea Company v. Gardner, supra) that it was the outside 
wrapper that should be marked. 

See Section 6 (2) of the Act of 1899, substituting lettering of a different 
size and character from that permitted by this section, and prohibiting any 
other printed matter from appearing on the wrapper ; but this provision is 
modified by Section 8 of the Act of 1907 {post, p. 336), which permits a fancy 
or other descriptive name approved by the Board of Agriculture and Fisheries 
being combined with ' margarine,' provided it is printed in type not larger 
than and in the same colour as the word ' margarine.' See same section as 
to name now to be used on wrappers and packages containing margarine, or 
labels attached to parcels or on advertisements or invoices of margarine ; also 
Section 10 of the same Act, which provides that a name shall not be approved 
by the Board in connection with margarine if it refers to or is suggestive of 
butter or anything connected with the dairy interest. 

7. Ppesumption agrainst Vendor. — Every person dealing with, 
selling, or exposing, or offering for sale,^ or having in his possession 
for the purpose of sale, any quantity of margarine^ contrary to the 
provisions of this Act, shall be liable to conviction for an offence 
against this Act, unless he shows to the satisfaction of the court 
before whom he is charged that he purchased the article in question 
as butter,^ and with a written warranty or invoice'^ to that effect, 
that he had no reason to believe at the time when he sold it that 
the article was other than butter, and that he sold it in the same 

20 



3o6 MEAT AND FOOD INSPECTION 

state as when he purchased it f and in such case he shall be dis- 
charged from the prosecution, but shall be liable to pay the costs 
incurred by the prosecutor unless he shall have given due notice 
to him that he will rely upon the above defence.^ 

^ In World's Tea Company v. Gardner (1895), 59 J. P., 358, it was held that 
a handbill issued by a dealer in margarine offering to every purchaser of 
' Kylos Creamery,' which was a preparation of margarine, a bonus of one 
pound on every two pounds purchased, was not offering for sale within the 
meaning of this section. 

2 Or margarine-cheese (Section 5 of Act of 1899). 

^ Or cheese {ibid.). 

* Under Section 25 of the Act of 1875 an invoice can only be regarded as 
a warranty when it forms evidence of the contract of sale. By this section 
an invoice describing the article sold as butter is equivalent to a written 
warranty for the purpose of this section, although it contains no words of 
warranty. See notes to Section 25 of the Act of 1875, ante, p. 272. 

^ The onus of proof will be on the accused (Section 24 of Act of 1875). 
See Fitzgerald v. Leonard (1893), 3^ Ir.R., 675. The defence made available 
to an accused by the section is extended to milk-blended butter by Section 9 
(3) of the Act of 1907. 

^ The latter part of this section is superseded by Section 20 (6) of the Act 
of 1899. See note 8 to same section {post, p. 325). 

8. Marg-arine Imported or Manufactured. — All margarine^ 
imported into the United Kingdom of Great Britain and Ireland, 
and all margarine,^ whether imported or manufactured within the 
United Kingdom of Great Britain and Ireland, shall, whenever for- 
warded by any public conveyance, be duly consigned as margarine^ ; 
and it shall be lawful for any ofQcer of Her Majesty's Customs or 
Inland Revenue, or any medical officer of health, inspector of 
nuisances [inspector of weights and measures],^ or police constable, 
authorized under Section 13 of the Sale of Food and Drugs Act, 
1875, to procure samples for analysis,^ if he shall have reason to 
believe that the provisions of this Act are infringed on this behalf, 
to examine and take samples from any package, and ascertain, if 
necessary by submitting the same to be analyzed, whether an 
offence against this Act has been committed.* 

^ Or margarine-cheese (Section 5 of Act of 1899), or milk-blended butter 
(Section 9 of Act of 1907). Section i (i) {a) of the Act of 1899 provides 
that all margarine or margarine-cheese imported into the United Kingdom 
must be in packages conspicuously marked ' Margarine ' or ' Margarine- 
cheese,' and Section 5 of the Act of 1907 makes the same provision as to 
milk-blended butter. 

Section 9 (2) of the Act of 1907 extends (subject to the modification therein 
expressed) the provisions of this section to milk-blended butter. The effect 
of this enactment is to read into this section after ' margarine ' in the three 
places where it occurs in this section the words ' or milk-blended butter.' 



THE MARGARINE ACT, 1887 307 

^ By Section 12 of the Act of 1907 the words in square brackets are directed 
to be here inserted, but they are not to have effect in the administrative 
County of London. 

3 By the Act of 1899 the power of taking samples of articles of food and 
agricultural produce is given by Section i to the Commissioners of Customs 
with regard to certain imported articles (including margarine and margarine- 
cheese), and by Section 2 to the Local Government Board in relation to any 
matter affecting the general interest of the consumer, and to the Board of 
Agriculture (now Board of Agriculture and Fisheries) in relation to any 
matter appearing to affect the general interests of agriculture, and by Sec- 
tion 3 to these two Boards in default of local authorities where their failure 
in relation to articles of food affects the general interest of the consumer or 
the general interest of agriculture. 

Sectional o of the Act of 1899 provides for part of a sample of margarine or 
margarine-cheese taken in transit being sent to the consignor. As regards 
samples of milk-blended butter taken in transit, there is no statutory direction 
to forward part to the consignor, unless this direction be implied in Section 9 
of the Act of 1907. Obviously, the safe course is to proceed as if Section 10 
of the Act of 1899 applied to milk-blended butter. See note 2 to Section 10 
{infra) . 

* If the analyst's certificate shows that an offence has been committed, the 
officer who obtained the sample will proceed as if it had been obtained under 
Section 14 of the Act of 1875. See Section 12. 

9. Regfistration of Manufactory.— Every manufactory of 
margarine^ within the United Kingdom of Great Britain and Ireland 
shall be registered by the owner or occupier thereof with the local 
authority from time to time in such manner as the Local Govern- 
ment Boards of England and Ireland and the Secretary for Scot- 
land^ respectively may direct, and every such owner or occupier 
carrying on such manufacture in a manufactory not duly registered^ 
shall be guilty of an offence under this Act. 

^ By Section 7 (4) of the Act of 1899 the provisions of this section relating 
to registration are extended to premises in which the business of a wholesale 
dealer in margarine or margarine-cheese is carried on, and by Section 1 (i) 
of the Act of 1907 the same provisions are extended to butter factories (which 
are defined in the section) and to manufactories of milk-blended butter (which 
is also defined). See note to Section 7 of the Act of 1899 'ypost, p. 317), and 
to Section i of the Act of 1907 {post, p. 329). 

2 Section 23 of the Act of 1899 transfers all the powers and duties of the 
Secretary for Scotland under the Acts to the Local Government Board for 
Scotland. 

^ By Section 7 (5) of the Act of 1899 (which is extended on this point to 
milk-blended butter by Section i of the Act of 1907) the registration must 
forthwith be notified by the local authority to the Board of Agriculture. 

10. Power to Inspectors to take Samples without Purchase. 

— Any officer authorized to take samples under the Sale of Food and 
Drugs Act, 1875/ may, without going through the form of pur- 
chase provided by that Act, but otherwise acting in all respects in 

20 — 2 



3o8 MEAT AND FOOD INSPECTION 

accordance with the provisions of the said Act as to deaHng with 
samples,^ take for the purposes of analysis samples of any butter,^ or 
substances purporting to be butter,^ which are exposed for sale, and 
are not marked ' Margarine/* as provided by this Act ; and any such 
substance not being so marked shall be presumed to be exposed 
for sale as butter.^ 

^ Section 13 ; also Section 2 of Act of 1899. 

2 Section 14 of Act of 1875. The powers of taking samples under the 
Acts are extended by Act of 1899, Sections i, 2, and 3, to officers of the 
Commissioners of Customs, the Local Government Board, and the Board of 
Agriculture and Fisheries, and by Section 2 of the Act of 1907 to the officers 
of the two last-named Boards, and, in certain cases, to officers of local 
authorities as to articles in butter factories and premises registered for the 
manufacture of margarine cheese and milk-blended butter. 

3 Or cheese (Section 5 of Act of 1899). 

* Or margarine-cheese (Section 5 of Act of 1899), or milk-blended butter 
(by approved name. Section 9 (i) of Act of 1907). 

This section applies only to the articles with which it deals and which are 
exposed for sale, and therefore does not apply to samples taken under 
Section 8. 

11. Appropriation of Penalties. — Any part of any penalty^ 
recovered under this Act may, if the court shall so direct,^ be paid 
to the person who proceeds for the same, to reimburse him for the 
legal costs of obtaining the analysis, and any other reasonable 
expenses to which the court shall consider him entitled.^ 

^ See Sections 20 and 33 of Act of 1875 as to recovery of penalties. 

2 This direction will only be given when a private person is the prosecutor. 
An official prosecutor is invariably the officer of a local authority, who pays 
the cost of the analysis and of proceedings, and to whom are paid all penalties 
recovered. 

3 See Sections 29 and 33 (z) of Act of 1875. 

Section 11 (2) of the Act of 1907 incorporates this section. 

12. Proceeding's. — All proceedings under this Act shall, save as 
expressly varied by this Act, be the same as prescribed by Sections 
12 to 28 inclusive^ of the Sale of Food and Drugs Act, 1875, and all 
officers^ employed under that Act are hereby empowered^ and re- 
quired to carry out the provisions of this Act. 

^ Here it seems necessary to read in ' and Section 33.' 

2 See Sections 13 of Act of 1875, and 2 and 3 of Act of 1899, and 2 of Act 
of 1907. 



THE MARGARINE ACT, 1887 309 

3 See Section 3 of Act of 1899, empowering and requiring the Local Govern- 
. ment Board or Board of Agriculture (now Board of Agriculture and Fisheries) 
to put Acts in force in default of local authority. 

Ssction II (2) of the Act of 1907 incorporates this Section. 

13. Definition of Local Authority. — The expression ' local 
authority ' shall mean any local authority authorized to appoint a 
public analyst under the Sale of Food and Drugs Act, 1875.^ 
^ See Section 10 of Act of 1875, and Sections 3 and 25 of Act of 1899. 



THE SALE OF FOOD AND DRUGS ACT, 1899 

(62 and 63 Vict., c. 51.) 

An Act to amend the Law relating to the Sale of Food 
AND Drugs (August 9, 1899). 

Be it enacted by the Queen's most Excellent Majesty, by and with 
the advice and consent of the Lords Spiritual and Temporal, and 
Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

1. Precautions ag-ainst Importation of Agricultural and 
other Produce Insufficiently Marked. — (i) If there is imported 
into the United Kingdom any of the following articles,^ namely : 

{a) Margarine or margarine-cheese,^ except in packages con- 
spicuously marked ' Margarine ' or ' Margarine-cheese,' 
as the case may require ; or 

(&) [Adulterated or impoverished butter {other than margarine) 
or^l adulterated or impoverished milk or cream, except 
in packages or cans conspicuously marked* with a name 
or description indicating that the butter or milk or 
cream has been so treated ; or 

(c) Condensed, separated, or skimmed milk, except in tins or 
other receptacles which bear a label ^ whereon the words 
' Machine-skimmed Milk ' or ' Skimmed Milk,' as the 
case may require, are printed in large and legible type ; 
or 

{d) Any adulterated or impoverished^ article of food to which 
Her Majesty may by Order in Council direct that this 
section shall be applied, unless the same be imported in 
packages or receptacles conspicuously marked* with a 
name or description indicating that the article has been 
so treated : 



3IO MEAT AND FOOD INSPECTION 

the importer shall be liable, on summary conviction, for the first 
offence to a fine not exceeding twenty pounds, for the second offence 
to a fine not exceeding fifty pounds, and for any subsequent offence 
to a fine not exceeding one hundred pounds.'^ 

(2) The word ' importer ' shall include any person who, whether 
as owner, consignor, or consignee, agent, or broker, is in possession 
of, or in anywise entitled to the custody or control of, the article ; 
prosecutions for offences under this section shall be undertaken by 
the Commissioners of Customs f and subject to the provisions of this 
Act this section shall have effect as if it were part of the Customs 
Consolidation Act, 1876. 

(3) The Commissioners of Customs shall, in accordance with direc- 
tions given by the Treasury after consultation with the Board of 
Agriculture, take such samples of consignments of imported articles 
of food as may be necessary for the enforcement of the foregoing 
provisions of this section. 

(4) Where the Commissioners of Customs take a sample of any 
consignment in pursuance of such directions they shall divide it 
into not less than three parts, and send one part to the importer 
and one part to the principal chemist of the Government laboratories, 
and retain one part. 

(5) In any proceeding under this section the certificate of the 
principal chemist of the result of the analysis shall be sufficient 
evidence^ of the facts therein stated, unless the defendant require 
that the person who made the analysis be called as a witness. 

(6) If, in any case, the Commissioners of Customs are of opinion 
that an offence against this section has been committed, they shall 
communicate to the Board of Agriculture for their information the 
name of the importer and such other facts as they possess or may 
obtain as to the destination of the consignment. 

(7) For the purposes of this section an article of food^° shall be 
deemed to be adulterated or impoverished if it has been mixed with 
any other substance, or if any part of it has been abstracted so as 
in either case to affect injuriously its quality, substance, or 
nature. 

Provided that an article of food shall not be deemed to be adulter- 
ated by reason only of the addition of any preservative or colouring 
matter of such a nature and in such quantity as not to render the 
article injurious to health. ^^ 

^ See Section 5 (i) of Act of 1907 {post, p. 333) for five articles added to 
the list given in this subsection. 

2 See Section 13 of Act of 1907 {post, p. 339) for new and substituted delini- 
tion of margarine, and Section 25 of this Act {post, p. 327) for definition of 
margarine cheese ; and Section i (i) (6) of Act of 1907 {post,<-p. 329) for deli- 
nition of milk-blended butter. 



THE SALB OF FOOD AND DRUGS ACT, 1899 311 

3 The words in italics within square brackets are repealed by Section 5 of 
Act of 1907. 

* Section 6 of this Act provides that in the case of margarine or margarine 
cheese the brand or mark shall be on the package itself, and not solely on a 
label, ticket, or other thing attached thereto. The same condition will apply 
to milk-blended butter. See Section 5 of Act of 1907. 

s It is not necessary to mark the tin or receptacle ; it is sufficient if a label 
be attached thereto. 

6 For what is meant by ' adulterated or impoverished,' see Subsection 7 of 
this section. 

7 Under Section 1 7 {2) the accused is also liable to be imprisoned, in certain 
circumstances. 

In Kelh> V. /. and J. Lonsdale and Co., Limited (1906), 22 T.L.R., 655, the 
respondents were charged at the instance of the appellant, one of the officers 
of Customs, with importing into this country from Holland adulterated butter 
in packages not marked, as required by this Section, with a name and des- 
cription indicating that the butter had been so treated. The respondents 
proved that they had received the butter with a written warranty in the 
truth of which they believed and had reasonable grounds for believing, and 
they contended that under Section 25 of the Act of 1875 ^^^ Section 20 (i) (2) 
and (3) of this Act they, as importers, were entitled to be discharged from a 
prosecution under this Section. The magistrates sustained the respondents' 
contention, and discharged them. On appeal to the High Court (Ridley, 
Darling, and Bray, JJ.), this decision was reversed, the judges holding that, 
as contended by the appellant, the prosecution being one for importing 
adulterated butter, the defence of warranty set up by the respondents was 
not open to them, and was only applicable to the case of a sale by them of the 
goods so received. , , 

^ The provisions of this section are enforceable only by the Commissioners 
of customs. By Section 5 (4) of the Act of 1907, where a sample taken under 
this section as amended by that Act is certified by the principal chemist to 
be margarine or milk-blended butter, the Commissioners must, on receiving the 
certificate, notify the importer thereof. 

^ See note to Section 21 of Act of 1875. A copy of the analyst's certificate 
must be served upon the accused (Section 19 (2), post, p. 321). See Section 22, 
which extends the privilege conferred by this section to a certificate by a 
public analyst produced by a defendant ; but a copy of it requires to be sent 
to the prosecutor three days before the date of trial. See Section 5 (3) of Act 
of 1907, and notes thereon, particularly Note 6. For form of certificate, see 
schedule to the 1875 Act [ante, p. 292). j 

^^ For definition of ' food,' see Section 2 of Act of 1875 and Section 26 of 
this Act. 

^^ See notes to Section 3 of the Act of 1875 {ante, p. 239), also Section 7 of 
the Act of 1907, giving the Local Government Board power after inquiry to 
make regulations as to the use of preservatives in the manufacture or prepara- 
tion for sale of butter, margarine, or milk-blended butter. 

2. Rules for Local Government Board or Board of Ag-ri- 
culture to sample Articles of Food. — (i) The Local Govern- 
ment Board may, in relation to any matter appearing to that 



312 MEAT AND FOOD INSPECTION 

Board to affect the general interest of the consumer, and the Board 
of Agriculture may, in relation to any matter appearing to that 
Board to affect the general interests of agriculture in the United 
Kingdom, direct an officer of the Board to procure for analysis 
samples of any article of food, and thereupon the officer shall have 
all the powers of procuring samples conferred by the Sale of Food 
and Drugs Acts,^ and those Acts shall apply as if the officer were 
an officer authorized to procure samples under the Sale of Food 
and Drugs Act, 1875, except that — 

(a) The officer procuring the sample shall divide the same into 
four parts, and shall deal with three of such parts in the 
manner directed by section 14 of the Sale of Food and 
Drugs Act, 1875,^ ^as amended by this Act,^ and shall 
send the fourth part to the Board, and 

(&) The fee for analysis* shall be payable to the analyst by tha 
local authority of the place where the sample is pro- 
cured. 

(2) The Board shall communicate the result of the analysis of 
any such sample to the local authority, and thereupon there shall be 
the like duty and power on the part of the local authority to cause 
proceedings^ to be taken as if the local authority had caused the 
analysis to be made. 

^ See Section 13 of the Act of 1875 ; Section 3 of the Act of 1879 ; Section 10 
of the Act of 1887 ; Section i (3) of this Act ; and Section 2 of the Act of 1907. 

2 P. 259. 

3 Section 13 (p. 319). 

^ Section 12 of the Act of 1875 entitles any purchaser to have samples of 
an article of food or drug analysed by a public analyst on pajmient of a fee 
not exceeding los. 6d. 

5 See Section 20 of the Act of 1875, and notes thereon, p. 266, as to the 
powers to prosecute by the person who caused the analysis to be made ; and 
Section 3 (i) of this Act as to the duty of local authorities to enforce the 
provisions of the Acts. 

In Connor v. Butler (1902), 2 I.R., 569, the defendant was prosecuted for 
a contravention of Section 17 of the Act of 1875 (refusing to sell to an officer), 
and for two contraventions of Section 6 of the Margarine Act, 1887 (exposing 
for sale unmarked margarine, and for selling and delivering margarine without a 
wrapper as required by the statute) . An officer of the Irish Agricultural Depart- 
ment took a sample on November 12, and obtained an analysis of it. On 
December 4 the result of the analysis was communicated to the secretary of the 
local authority, who handed the certificate to the local inspector. The latter 
took out a summons on December 6 without special authority from the local 
authority. At a meeting on December 9 the inspector's action was approved. 
The magistrate dismissed the summons on the ground that the local inspector 
was not entitled to prosecute, not being the person who had caused the 
analysis to be made, and having acted without authority. The King's Bench 



THE SALE OF FOOD AND DRUGS ACT, 1899 313 

Division, on an appeal, reversed the decision, holding — (i) that any person, 
even a common informer, is entitled to prosecute under Section 17 of the 
Act of 187s for refusing to sell ; (2) that the inspector was entitled under 
Subsection 2 of this section to take proceedings, notwithstanding that he was 
not the person who had caused the analysis to be made ; and (3) that the 
fact that he had no special authority was immaterial. An opinion was 
expressed that the ratification by the local authority of their inspector's 
action was unnecessary. 

3. Power for Local Government Board or Board of Ag^ri- 
culture to act in Default of Local Authority.— (i) It shall 
be the duty of every local authority entrusted with the execution 
of the laws relating to the sale of food and drugs to appoint a 
public analyst/ and put in force from time to time, as occasion 
may arise, the powers with which they are invested, so as to 
provide proper securities for the sale of food and drugs in a pure 
and genuine condition, and in particular to direct their officers to 
take samples for analysis. 

(2) If the Local Government Board or Board of Agriculture, 
after communication with a local authority, are of opinion that the 
local authority have failed to execute or enforce any of the provisions 
of the Sale of Food and Drugs Acts in relation to any article of food, 
and that their failure affects the general interest of the consumer or 
the general interests of agriculture in the United Kingdom, as the 
case may be, the Board concerned may, by order, empower an officer 
of the Board to execute and enforce those provisions or to procure 
the execution and enforcement thereof in relation to any article of 
food mentioned in the order. 

(3) The expenses incurred by the Board or their officer under 
any such order shall be treated as expenses incurred by the local 
authority^ in the execution of the said Acts, and shall be paid 
by the local authority to the Board on demand, and in default 
the Board may recover the amount of the expenses with costs 
from the local authority. 

(4) For the purposes of this section an order of the Board shall be 
conclusive in respect of any default, amount of expenses, or other 
matter therein stated or appearing. 

(5) Any public analyst appointed under the Sale of Food and 
Drugs Acts shall furnish such proof of competency as may from time 
to time be required by regulation framed by the Local Government 
Board.^ 

^ The appointment of a public analyst by the local authority is now com- 
pulsory, and should they fail to appoint, they can no doubt be compelled to 
do so by the Local Government Board or the Board of Agriculture and 
Fisheries. In Regina v. Leicester Guardians (1899), 2 Q.B., 632 ; 81 L.T., 559, 
it was held that the duty imposed upon Guardians by Section 5 of the Vacci- 
nation Act, 1 87 1, to appoint a vaccination of&cer might be enforced by a 
writ of mandamus upon the application of the Local Government Board. 



314 MEAT AND FOOD INSPECTION 

^ Should a local authority fail to put in force the powers with which it is 
invested under the statutes, the Local Government Board may do so, and 
recover the expense from the local authority. 

3 A general order by the Local Government Board as to the appointment 
of a public analyst, dated April 17, 1900, contains regulations as to the quali- 
fications of public analysts, and the subjects in which they require to produce 
certificates of competency. See Section 10 of Act of 1875, ante, p. 256. 

4. Power for Board of Ag-rieulture to make Regulations 
as to Analysis of Milk, Cream, Butter or Cheese/— (i) The 

Board of Agriculture may, after such inquiry as they deem necessary, 
make regulations for determining what deficiency in any of the 
normal constituents of genuine milk, cream, butter, or cheese, 
or what addition of extraneous matter or proportion of water, in 
any sample of milk (including condensed milk), cream, butter, or 
cheese, shall, for the purposes of the Sale of Food and Drugs Acts, 
raise a presumption,^ until the contrary is proved, that the milk, 
cream, butter, or cheese is not genuine or is injurious to health, 
and an analyst shall have regard to such regulations in certifying 
the result of an analysis under those Acts. 

(2) Any regulations made under this section shall be notified in 
the London and Edinburgh Gazettes, and shall also be made known 
in such other manner as the Board of Agriculture may direct. 

^ The Board of Agriculture have issued regulations as to milk, dated 
August 5, 1901 ; and as to British butter, dated April 22, 1902 ; and as to 
Irish butter, dated April 23, 1902. See these at pp. 245, of Appendix. 

See Section 6 of Act of 1907, extending the power of making regulations under 
this section to milk-blended butter. 

2 The meaning of this is that the fact that milk is below the standard is 
only prima facie evidence of its not being genuine, and it lays the onus of 
proving the contrary upon the accused (Section 24 of Act of 1875). That 
this onus is not an impossible or even a dii^cult one is shown by the numerous 
cases in which the contrary has been held proved, even when the deficiency 
was so great as to make it an absolute certainty that the milk could not 
have been produced by healthy, well-fed, well-housed, and properly milked 
cows. 

Every one who has had experience in such prosecutions will admit that 
the practice varies greatly as to what amounts to evidence of the contrary. 
In England it seems that, on the whole, the regulations have been found to 
work satisfactorily. In some sheriffdoms in Scotland the same may be said, 
but in others the experience has been otherwise. Some sheriffs have held 
that the onus is one which it is almost impossible for the accused to discharge 
where the fat is under 3 per cent. One said that nothing short of the evidence 
of two or three witnesses who had constantly watched the milk from the time 
it left the cow until the sample was taken would satisfy him. Another said, 
where the milk was certified to be considerably under the standard, that he 
would be exceedingly sceptical of evidence adduced in proof of the genuine- 
ness of such milk ; while another said, in judging whether or not evidence 
adduced by the accused amounted to proof of the contrary, he would dis- 
regard the analyst's certificate, no matter how much below the standard it 



THE SALE OF FOOD AND DRUGS ACT, 1899 315 

proved the milk to be. In one leading sheriffdom in Scotland it has been 
found difficult to obtain convictions, and some who have had experience in 
prosecutions prior to and since the regulations were issued unhesitatingly say 
they would prefer to be without the regulations, and so unsatisfactory has 
their experience of prosecutions under them been that they have ceased to 
take milk samples. The present writer, who has had considerable experience 
of prosecutions under the regulations, cannot go so far ; but he is of opinion 
that the law, as now administered, is far from satisfactory, and that a revision 
of it cannot long be delayed in the interest of the public. See notes to Section 6 
of Act of 1875. 

In Hutchison v. Stevenson (1902), 4 F. (J.), 69 ; 3 A. 651, Lord McLaren said 
it was unnecessary, in a prosecution for a contravention of Section 6 and the 
Regulations, that the Regulations should be noted a3 a production in the 
record of the proceedings. 

5. Extension of Marg-arine Act, 1887, to Margfarine-Cheese. 

— The provisions of the Margarine Act, 1887, as amended by this 
Act/ shall extend to margarine-cheese/ and shall apply accordingly, 
with the substitution of ' margarine-cheese ' and ' cheese ' ^ for 
' margarine ' and ' butter,'* and provided that all margarine-cheese 
sold or dealt in otherwise than by retail shall either be inclosed in 
packages marked^ in accordance with the Margarine Act, 1887, as 
amended by this Act, or be itself conspicuously branded with the 
words * Margarine-cheese,' 

^ See Sections 6, 7, 8, 10, 20 (4) of this Act, and Sections 5, 7, 8, 10 of the 
Act of 1907 ; also Section 13 of that Act for new definition of margarine. 

^ And to milk-blended butter (Section 9 of Act of 1907). 

3 And milk-blended butter (under the name to be approved by the. Board). 

* See Section 25 of this Act for definition of ' margarine-cheese ' and ' cheese,' 
and Section 1(1) ib) of Act of 1907 for definition of milk-blended butter. 

2 See Section 6 of the Act of 1907 ; Section 6 of this Act ; and Sections 8 
and 9 of Act of 1907. 

6. Marking of Marg-arine and Margrarine-Cheese. — (i) Where 
under this Act or the Margarine Act, 1887, it is required that any 
package containing margarine or margarine-cheese^ shall be branded 
or marked,^ the brand or mark shall be on the package^ itself, and 
not solely on a label, ticket, or other thing attached thereto. 

(2) The letters required to be printed on the paper wrapper in 
which margarine or margarine-cheese is sold* shall be capital block 
letters not less than half an inch long^ and distinctly legible, and 
no other printed matter^ shall appear on the wrapper. 

(3) The words ' or with ' in Section 6 of the Margarine Act, 1887, 
shall be repealed. 

1 Or milk-blended butter (Section 9 of Act of 1907). 

2 See Section 6 of the Act of 1S87 ; Section i (i) and (5) of this Act ; and 
Sections 5 (i) (h), 8 and 9 of Act of 1907. 



3i6 MEAT AND FOOD INSPECTION 

3 This word, is used in connection with margarine sold wholesale. See 
food part of Section 6 of 1887. 

* This refers to sales by retail. See latter part of Section 6 of Act of 1887. 

^ ' Half an inch ' is substituted for ' quarter of an inch.' 

^ See note to Section 6 of Act of 1887 as to decision in Fyfe v. McLaughlin 
(1893), 30 S.L.R., 899; I A., 74; and World's Tea Company v. Gardner (1895), 
59 J. P., 358, which led to the amendment being passed. 

See also Section 8 of Act of 1907, which makes it an offence for any person 
dealing in margarine to describe it in any wrapper enclosing margarine, or 
on any package containing margarine, or in any label attached to a parcel 
ot margarine, or in any advertisement or invoice of raargarine, by any other 
name than either margarine or a name combining the word ' margarine ' with 
a fancy or descriptive name approved by the Board, and printed in type not 
larger than, and in the same colour as, the word ' niargarine.' All wrappers 
enclosing margarine, however numerous they may be, must now have the word 
' margarine ' combined with the approved fancy name, if any; printed upon 
them, as stipulated in Section 6 of the Act of 1907. 

7. Provisions as to Manufacturers of and Dealers in 
Marg-arine and Marg-arine-Cheese. — (i) Every occupier of a 
manufactory of margarine or margarine- cheese, and every wholesale 
dealer in such substances, shall keep a register showing the quantity 
and destination of each consignment of such substances sent out 
from his manufactory or place of business, and this register shall 
be open to the inspection of any officer of the Board of Agriculture. 

(2) Any officer of the Board of Agriculture shall have power to enter 
at all reasonable times any manufactory of margarine or margarine- 
cheese, and to inspect any process of manufacture therein, and to take 
samples for analysis} 
- (3) If any such occupier or dealer — 

{a) Fails to keep such a register, or 

(6) Refuses to produce the register when required to do so by 

an officer of the Board of Agriculture, or 
(c) Fails to keep the register posted up to date, or 
{d) Wilfully makes any entry in the register which is false in 

any particular, or 
[e] Fraudulently omits to enter any particular which ought to 

be entered in the register, 

he shall be liable on summary conviction for the first offence to a fine 
not exceeding ten pounds, and for any subsequent offence to a fine 
not exceeding fifty pounds. 

(4) The provisions of Section 9 of the Margarine Act, 1887 (50 and 
51 Vic, c. 29), relating to registration of manufactories, shall extend 
to any premises wherein the business of a wholesale dealer in mar- 
garine or margarine-cheese is carried on. 

(5) The registration of a manufactory or other premises shall 



THE SALE OF FOOD AND DRUGS ACT, 1899 317 

be forthwith notified by the local authority to the Board of 
Agriculture. 

^ The Act of 1907, Section 2 (5), repeals Subsection 2 of this section. Sec- 
tion I (2) of the same Act extends this section relating to the consignments 
of margarine, with the necessary adaptations, to consignments of milk-blended 
butter ; and Section i (i) extends, with the necessary adaptations, the pro- 
visions of Section 9 of the Act of 1887, as amended by this section relating to 
manufactures of margarine and margarine-cheese, to butter factories and 
premises in which milk-blended butter is manufactured. In place of Sub- 
section 2, repealed, Section 2 of the Act of 1907 makes provision for the 
inspection of factories registered under the Acts and the processes of manu- 
facture, etc., carried on therein, and for the entry in certain circumstances 
into unregistered premises in which there is reason to believe any process of 
manufacture, etc., is carried on, or in which butter is made or stored. See 
Section 2 of the Act of 1907, and notes thereon, post, p. 331. 

In Hart v. Cohen and Van der Laan (1902), 4 R, 445, the Court of Session 
held that the power of inspection conferred by this section carried with it a 
right to take notes from the register kept in terms of the section, and the 
appellants, a firm of margarine dealers, who had produced the register at 
the request of the inspector, but had removed it when the inspector began to 
take notes from it, were held to have been rightly convicted of an offence 
under Subsection 2 (now repealed) for failing to produce the register. This 
case is still applicable to contraventions of this section, but the penalties 
will be either those imposed by Section 16 of this Act for impeding an officer 
in the discharge of his duties, or those provided by Section 1 1 of the Act of 
1907 for an offence under that Act. 

8. Restrietion on Amount of Butter-Fat in Marg-arine. — 

It shall be unlawful to manufacture, sell, expose for sale,^ or 
import any margarine the fat of which contains more than lo per 
cent, of butter-fat,^ and every person who manufactures, sells, 
exposes for sale, or imports any margarine which contains more than 
that percentage, shall be guilty of an offence under the Margarine 
Act, 1887,^ and any defence which would be a defence under 
Section 7 of that Act* shall be a defence under this section, and the 
provisions of the former section shall apply accordingly. 

Provided that nothing in this section shall apply to any margarine 
manufactured or imported in fulfilment of any contract made before 
the twentieth day of July, 1899. 

^ See note to Section 6 of Act of 1887 for decisions as to meaning of ' exposed 
for sale.' 

2 In Bayley v. Pearks, Gunston, and Tee, Limited (1902), 87 L.T., 6y ; 
66 J. P., 790, it was held that butter blended with milk was not margarine, 
even although it contained more than 10 per cent, of butter-fat, and that it 
might be sold as butter under a protective label. This decision led to the 
inclusion in the Butter and Margarine Act of 1907 of the provisions as to 
milk-blended butter. 

2 See Section 4 of Act of 1887. 

* By Section 7 of the Act of 1887 the defence competent to a person charged 
with selling margarine contrary to the provisions of the Act is proof to the 



3i8 MEAT AND FOOD INSPECTION 

satisfaction of the Court that he purchased the article as butter, and with a 
written warranty or invoice to that effect. As it is illegal to manufacture or 
sell as margarine an article which contains more than lo per cent, of butter- 
fat, it would be no defence to a prosecution under this section for the accused 
to plead that he had bought an article containing more than lo per cent, of 
butter-fat as margarine with a warranty. 

See Section 5 (i) (/) of Act of 1907, making it an offence to import mar- 
garine containing more than 16 per cent, of water or more than 10 per cent, 
of butter-fat. 

9. Provision as to Name and Address of Person selling- 
Milk or Cream in a Public Place. — Every person who, himself, 
or by his servant, in any highway or place of public resort sells 
milk or cream from a vehicle or from a can or other receptacle^ 
shall have conspicuously inscribed on the vehicle or receptacle 
his name and address, and in default shall be liable on summary 
conviction to a fine^ not exceeding two pounds. 

^ In Crabtree v. Skelton (1901), 70 L.J.K.B., 560, it was held that, where 
a milk-seller sold milk, sometimes from a cart, and sometimes from cans 
which he took from the cart, and carried about from house to house, the name 
and address must be on the cart if the sale was from the cart, and on the cans 
if the sale was from the cans. 

2 The provisions of Section 17 of the Act, providing for an increased penalty 
for a second and subsequent offences, do not apply to a fine under this section. 

10. Division of Samples taken in Course of Delivery or 
Transit. — In the case of a sample taken of milk in course of 
delivery, or of margarine or margarine-cheese^ forwarded by a 
public conveyance, the person^ taking the sample shall forward by 
registered parcel or otherwise a portion of the sample marked, and 
sealed, or fastened up, to the consignor if his name and address 
appear on the can or package containing the article sampled. 

^ It is not clear that this section is, by the Act of 1907, made applicable to 
milk-blended butter, unless that it is implied in Section 9. Obviously the safe 
course for officers taking samples is to proceed as if it did apply. 

2 The person can only be one or other of officers mentioned in Section 3 of 
the Act of 1879, and Section 8 of the Act of 1887. See notes to these sections, 
ante, pp. 296, 306. 

11. Provision as to Condensed, Separated, or Skimmed 
Milk. — Every tin or other receptacle containing condensed, 
separated, or skimmed milk^ must bear a label clearly visible to 
the purchaser on which the words ' Machine-skimmed Milk,' or 
' Skimmed Milk,' as the case may require, are printed in large and 
legible type, and if any person sells or exposes or offers for sale^ 
condensed, separated, or skimmed milk in contravention of this 



THE SALE OF FOOD AND DRUGS ACT, 1899 319 

section, he shall be liable on summary conviction to a fine not 
exceeding ten pounds.^ 

^ This section applies onlv to condensed separated and condensed skimmed 
milk, and the offence thereby created is selling or exposing or offering for sale 
such milk without a label. The importer is also liable to a penalty (Section i 
(i) (c) of Act of 1879). 

2 See note 3 to Section 6, and note i to Section 7 of Act of 1887 {anie, 
pp. 304, 306). 

3 There is no increased penalty for second or subsequent offences. 

12. Notice of Mixtures/ — ^The label referred to in Section 8 of 
the Sale &i Food and Drugs Act, 1875, shall not be deemed to be 
distinctly and legibly written or printed within the meaning of that 
section unless it is so written or printed that the notice of mixture 
given by the label is not obscured by other matter^ on the label : 
provided that nothing in this enactment shall hinder or affect the 
use of any registered trade-mark, or of any label which has been 
continuously in use for at least seven years before the commencement 
of this Act ; but the Comptroller-General of Patents, Designs, and 
Trade-marks shall not register any trade-mark purporting to describe 
a mixture unless it complies with the requirements of this enactment. 

^ See notes to Section 8 of Act of 1875, ante, p. 251. 

2 ' Other matter ' is not prohibited, provided it does not obscure the notice 
of mixture given by the label. 

13. Amendment of 38 and 39 Vict., c. 63. as to Samples.— 

In Section 14 of the Sale of Food and Drugs Act, 1875, the words 
' offer to ' and the words ' proceed accordingly and shall '^ shall 
be repealed. 

^ These words are also repealed by Section 27 and the schedule. 

14. Taking" Samples in Course of Delivery. — The provisions 
of Section 3 and Section 4 of the Sale of Food and Drugs Act 
Amendment Act, 1879^ (relating to the taking of samples of milk 
in course of delivery) shall apply to every other article of food : 
Provided that no samples shall be taken under this section except 
upon the request or with the consent of the purchaser or consignee. 

This section applies to every article of food other than milk, and 
samples can only be taken at the request or with the consent of the pur- 
chaser or consignee, and by officers authorized by Section 13 of the Act of 
1875 and by Sections i (3), 2, and 3 of the Act of 1899. See note i to 
Section 14 of Act of 1875 {ante, p. 260), and note 7 to Section 3 of Act of 1879 
{ante, p. 298). 

Section 10 of this Act requires the person taking a sample of the articles 
named therein in course of delivery to send a portion of the sample to the 
consignor, if his name and address appear on the can or package. 



320 MEAT AND FOOD INSPECTION 

15. Amendment of 38 and 39 Viet., c. 63, as to Regristered 
Papcels. — In Section i6 of the Sale of Food and Drugs Act, 1875, 
the words ' registered parcel ' shall be substituted for the words 
' registered letter.' 

16. Obstruction of Offleep in Diseharg-e of his Duties.— 

Any person who wilfully obstructs or impedes any inspector or 
other officer^ in the course of his duties under the Sale of Food and 
Drugs Acts, or by any gratuity, bribe, promise, or other inducement 
prevents, or attempts to prevent, the due execution by such in- 
spector or officer of his duty under those Acts, shall be liable, on 
summary conviction, for the first offence to a fine not exceeding 
twenty pounds, for the second offence to a fine not exceeding fifty 
pounds, and for any subsequent offence to a fine not exceeding one 
hundred pounds.^ 

1 The officers are those named in Section 13 of the Act of 1875, and those 
procuring samples under Sections i, 2, and 3 of this Act and under Section 4 
of the Act of 1907. 

2 See Section 17 of the Act of 1875, and Section 4 of the Act of 1887, and 
notes thereon. 

Under next section he may also, in the circumstances there mentioned, be 
imprisoned. 

17. Penalties fop Offences undep the Sale of Food and 
Drug's Acts. — (i) Where, under any provision of the Sale of 
Food and Drugs Act, 1875, a person guilty of an offence is liable 
to a fine which may extend to twenty pounds as a maximum, 
he shall be liable for a second offence under the same provision 
to a fine not exceeding fifty pounds, and for any subsequent offence 
to a fine not exceeding one hundred pounds. 

(2) Where, under any provision of the Sale of Food and Drugs 
Acts, a person guilty of an offence is liable to a fine exceeding fifty 
pounds, and the offence, in the opinion of the court, was committed 
by the personal act, default, or culpable negligence of the person 
accused, that person shall be liable (if the court is of opinion that a 
fine will not meet the circumstances of the case) to imprisonment, 
with or without hard labour, for a period not exceeding three 
months. 

This section applies to the greater number of offences under the Acts. See 
Sections 6, 7, 9, and 27 of the Act of 1875 .' Section 4 of the Act of 18S7 ; 
Sections i, 8, 16, and 20 of this Act ; and Section 11 of the Act of 1907. 

See notes to Section 23 (9)- 

18. Aptieles sold in Tins op Packets. — Notwithstanding any- 
thing in Section 17 of the Sale of Food and Drugs Act, 1875, where 



THE SALE OF FOOD AND DRUGS ACT, i8qg 321 

any article of food or drug is exposed for sale in an unopened tin 
or packet duly labelled, no person shall be required to sell it except 
in the unopened tin or packet in which it is contained. 

See Section 17 of the Act of 1875 {ante, p. 264). 

19. Time for Proceeding- and Reg^ulation as to Summons. — 

(i) When any article of food or drug has been purchased from any 
person for test purposes, any prosecution under the Sale of Food 
and Drugs Acts, in respect of the sale thereof, notwithstanding 
anything contained in Section 20 of the Sale of Food and Drugs 
Act, 1875, shall not be instituted after the expiration of twenty- 
eight days^ from the time of the purchase. 

(2) In any prosecution under the Sale of Food and Drugs Acts 
the summons shall state particulars^ of the offence or offences 
alleged, and also the name of the prosecutor,^ and shall not be made 
returnable in less time than fourteen days* from the day on which 
it is served, and there must be served therewith a copy of any 
analyst's certificate obtained on behalf of the prosecutor. 

^ Section 10 of the Act of 1879 is repealed, and this section takes its place. 
Under that Act the summons or complaint in any prosecution had to be 
' served upon the person charged with violating the provisions of the said Act 
within a reasonable time, and in the case of a perishable article not exceeding 
twenty-eight days from the time of the purchase,' and the summons was 
returnable within seven days. By this section the limit of twenty-eight days 
applies to every article, but the phraseology is different. The new enactment 
is that ' any prosecution . . . shall not be instituted after the expiration of 
twenty-eight days from the date of the purchase.' This raises the question, 
When is a prosecution instituted ? Is it when the information is lodged, or 
the date of service of the summons or complaint ? 

In England the question has been decided in Brooks v. Bagshaw (1904), 
2 K.B., 798. In that case an information was laid and a summons issued 
within the twenty-eight days, but the summons not having been served 
within the time prescribed by the Act, it was allowed to drop, and after the 
expiration of the twenty-eight days a fresh summons was applied for on the 
same information, and issued. It was held that, there having been no adjudica- 
tion on the merits of the first summons, a second summons could be issued 
on the original information, and that it was immaterial that the second 
summons was issued after the expiration of the twenty-eight days, the informa- 
tion which was the institution of the prosecution having been lodged within 
that time. 

In Beardsley v. Giddings (1904), i K.B., 847, it was held that the laying of 
the information, and not the service of the summons, was the institution of 
the prosecution. 

These decisions cannot be accepted as authoritative in Scotland, where 
the lodging of an information in prosecutions under the Summary Jurisdic- 
tion Acts is almost unknown. The step of procedure which corresponds to 
it is the lodging of the complaint with the clerk of the court in order that a 
warrant may be written upon it for citing the respondent to appear in court 
to answer to the complaint. But it is doubtful if even this would be held 
by the Scotch courts to be the institution of a prosecution. In proceedings 
under statutes containing a similar limitation it has been held that an action 
has aot been raised until the summons has been served. 

21 



322 MEAT AND FOOD INSPECTION 

In Frew v. Morris (1897), 24 R. (J.), 50 ; 34 S.L.R., 527, the court of Justi- 
ciary held, in accordance witli Scotch rules as to computation of time, that the 
day on which the purchase took place was not to be counted in calculating the 
statutory period. This decision was under the repealed section, but it is 
equally applicable to the substituted enactment. A similar decision was 
given in England in Radcliffe v. Bartholomew (1892), i Q.B., 161 ; 65 L.T., 677, 
which was a prosecution under the Cruelty to Animals Act, 1849, which 
provided that complaints under the Act were to be made ' within one calendar 
month after the cause of such complaint shall arise.' It was held that an 
information laid on June 30 for an offence committed on May 30 was in time. 
This condition as to the time of instituting a prosecution is imperative. 

in Dixon v. Wells (1890), 25 Q.B.D., 249; 62 L.T., 812, it was held that 
the summons, having been signed and issued by a Justice who had not heard 
the complaint, was invalid, and that the defect was not cured by the appear- 
ance of the accused under protest. This decision is inapplicable to Scotch 
procedure. It will be noted that the limitation of the twenty-eight days only 
applies when an article has been purchased ' for test purposes.' Accordingly, 
it was held in Cook v. White (1896), i Q.B., 284 ; 74 L.T., 53, that the limita- 
tion did not apply to a prosecution under Section 17 of the Act of 1875 for 
refusing to sell ; nor would it apply to a prosecution under Section 27 of the Act 
of 1875 for giving a false warranty; nor to a prosecution under Section 16 of 
this Act for obstructing an ofi&cer in discharge of his duty. But these prose- 
cutions are subject to the limitation of six months imposed by the Summary 
Jurisdiction Act, 1848 {Whitaker v. Pomfret Brothers (1902), i K.B., 661 ; 
86 L.T., 420). A similar limitation is contained in the Suminary Procedure 
(Scotland) Act, 1864, Section 24. 

2 In England the question whether or not sufficient particiilars have been 
given seems to be one for the discretion of the Judge who tries the case, and 
if an objection is taken on account of want of particulars, an adjournment of 
the hearing is made, so that particulars may be given — a sensible course, 
which might advantageously be followed in Scotland, where, in similar cir- 
cumstances — i.e., where, if an objection to a complaint for want of specifica- 
tion is sustained — the complaint is usually dismissed. See Reg. v. Wakefield 
(1890), 54 J. P., 148 ; Barnes v. Rider (1892), 68 L.T., 447 ; 57 J. P., 473 ; 
Neal v. Devenish (1894), i Q.B., 544 ; 70 L.T., 628. An objection of that 
kind can hardly ever be sustained now, as all particulars will be given in 
the analyst's certificate, of which a copy must be served with the summons 
or complaint. See Wilson v. McLaughlin (1907), S.C. (J.), 61. An objection 
may still be taken to the certificate on the ground that the materials contained 
in it are insufficient to show that the offence charged had been committed. 
See notes on schedule to Act of 1875, ante, pp. 292-294. 

In Lindsay v. Low and Co. (1902), 4 F. (J.), 45, a complaint was held to be 
irrelevant owing to the time and place of the sale constituting the offence not 
having been relevantly specified. See Wilson v. McLaughlin, supra. 

In Hamilton v. Morrison (1903), 5 F. (J.), 80, which was a prosecution for 
selling milk. deficient in fat, the complaint was dismissed because it did not 
specify the article which the purchaser demanded. 

^ The name of the prosecutor was invariably given ; now it is imperative. 
In Bitrnsv. Williamson (1897), 24 R. (J.), 58 ; 2 A., 308, a complaint in the form 
authorized by the Burgh Police Act, 1892, and bearing to be at the instance 
of the Burgh Prosecutor, without giving his name, was held to be bad under 
Section 10 of the Act of 1879, which, on this point, the substituted provision 
in this section repeats. 

* This means that at least fourteen clear days must elapse between the 
date of service and the date fixed for the appearance of the defendant or 



THE SALE OF FOOD AND DRUGS ACT, 1899 323 

respondent in court [McQueen v. Jackson (1903), 2 K.B., 163 ; 88 L.T., S71). 
In Dunlop v. Goudie {1895), 22 R. (J.), 34 ; i A., 554, it was held that Section 10 
of the Act of 1879 appUed to Scotland, and that an inducice of seven days 
was necessary, so that an inducice of fourteen days is now necessary. 

See Section 22 (2) of this Act as to service upon the prosecutor at least 
three days before the return day of a copy of a certificate of a public analyst 
to be founded on in defence. 

20. Provisions as to Use of Warranty or Invoice as Defence, 
and Proceeding's ag^ainst the Warrantor.— (i) A warranty or 
invoice ^ shall not be available as a defence to any proceeding under 
the Sale of Food and Drugs Acts unless the defendant has, within 
seven days after service of the summons, sent to the purchaser a 
copy of such warranty^ or invoice with a written notice stating 
that he intends to rely on the warranty or invoice, and specifying 
the name and address of the person from whom he received it, 
and has also sent a like notice of his intention to such person. 

(2) The person by whom such warranty or invoice is alleged to 
have been given shall be entitled to appear at the hearing and to 
give evidence,^ and the court may, if it thinks fit, adjourn the hearing 
to enable him to do so. 

(3) A warranty or invoice given by a person resident outside the 
United Kingdom shall not be available as a defence to any pro- 
ceeding under the Sale of Food and Drugs Acts, unless the defendant 
proves * that he had taken reasonable steps to ascertain, and did, in 
fact, believe in the accuracy of the statement contained in the 
warranty or invoice. 

(4) Where the defendant is a servant of the person who purchased 
the article under a warranty or invoice he shall, subject to the 
provisions of this section, be entitled to rely on Section 25 of the 
Sale of Food and Drugs Act, 1875, 38 and 39 Vic, c. 67, and Section 7 
of the Margarine Act, 1887, 50 and 51 Vic, c 29, in the same way 
as his employer or master would have been entitled to do if he had 
been the defendant, provided that the servant further proves 
that he had no reason to believe that the article was otherwise than 
that demanded by the prosecutor.^ 

(5) Where the defendant in a prosecution under the Sale of Food 
and Drugs Acts has been discharged under the provisions of 
Section 25 of the Sale of Food and Drugs Act, 1875, as amended by 
this Act, any proceedings under the Sale of Food and Drugs Acts 
for giving the warranty relied on by the defendant in such prosecu- 
tion may be taken as well before a court having jurisdiction in 
the place where the article of food or drug to which the warranty 
relates was purchased for analysis as before a court having juris- 
diction in the place where the warranty was given. ^ 

(6) Every person who, in respect of an article of food or drug 
sold by him as principal or agent, gives to the purchaser a false 

21 — 2 



324 MEAT AND FOOD INSPECTION 

warranty in writing, shall be liable on summary conviction, for the 
first offence, to a fine not exceeding twenty pounds, for the second 
offence to a fine not exceeding fifty pounds, and for any subsequent 
offence to a fine not exceeding one hundred pounds,'^ unless he 
proves to the satisfaction of the court that when he gave the war- 
ranty he had reason to believe that the statements or descriptions 
contained therein were true,^ 

^ It is only as to raargarine that an invoice is available as a warranty 
(Section 7 of Act of 1887), unless the invoice evidences the contract and 
contains a warranty {Hawkins v. Williams (1895), 59 J. P., 533). See notes 
to Section 25 of Act of 1875, ante, p. 272, and to Section 7 of the Act of 1887, 
ante, p. 306. An invoice of milk -blended butter is available as a warranty 
(Section 9 (3) of Act of 1907). 

2 In Irving v. Callow Park Dairy Company, Limited (1902), 87 L.T., 70 ; 
66 J. P., 804, the defendants, who had entered into a contract with a farmer 
for a periodical supply of milk with warranty of its purity, were prosecuted 
under Section 6 of the Act of 1875. They gave notice that they relied on a 
warranty, which was contained, they said, in labels bearing the words 
' Warranted pure, with all its cream, delivered under contract,' attached to 
cans in which the milk was delivered. They sent a copy of the labels to the 
prosecutor, but they did not send a copy of the letters between them and the 
granter of the warranty, which constituted the contract under which the milk 
was sold. It was held that the terms of the subsection had been complied 
with. 

Lord Alverstone said : ' A copy of such warranty . . . refers back to Section 25 
of the Act of 1875, and means a copy of that which entitles the defendant to 
believe that the article was the same in nature, substance, and quality as that 
demanded by the prosecutor. Therefore, prima facie, that means a copy of 
the terms of the warranty on which the defendant bought, in order that the 
prosecutor may know what the defence is going to be. That is shown by the 
latter part of the section, which shows that the substance of the matter is to 
be told. A copy of the correspondence would not be half as useful as a copy 
of the terms of the warranty. The broad view of the statute is that it is 
necessary to prove that this was a purchase by the defendant under a 
warranty which justifies the resale.' 

In Farthing v. Parkinson (1904), 90 L.T., 783; 68 J. P., 353, the defendant, 
who was prosecuted under Section 6, timeously intimated to the purchaser the 
name of his seller from whom he had bought with a warranty, a copy of which 
he sent ; that he had sold the butter in the same state as purchased ; that at 
the time he sold the butter he had no reason to believe that it was otherwise ; 
and that he intended to rely on the warranty and the notice in defence. The 
warranty was as follows : ' We guarantee all butter sold by us to be absolutely 
pure. Guaranteed pure butter in accordance with the 3rd and 7th Sections 
of the Margarine Act, 1887.' Held that the notice was good. 

3 The object of this subsection is evidently to prevent the person to whom the 
warranty was given being prejudiced in his absence, but it does not appear 
that it is intended that he should appear as a partj^ or that the court could 
pronounce any judgment for or against him under the summons before them. 

^ The onus of proving this defence is upon the defendant or respondent. 

5 The enactment in this subsection was rendered necessary by the decision in 
Hotchin v. Hindmarsh (1891), 2 Q.B., 181 ; 65 L.T., 149, where it was held 
that a warranty given to a master cannot be used in defence by a servant 



THE SALE OF FOOD AND DRUGS ACT, 1899 325 

who is prosecuted for selling an adulterated article under Section 6 of the 
Act of 1875. The servant must still prove that he had no reason to believe 
that the article was otherwise than that demanded by the prosecutor, and 
the onus of proving this will be on him. 

6 This subsection was rendered necessary by the decision in Reg. v. Smith 
(1896), I Q.B., 596 ; 74 L.T., 348, where it was held that the person who 
granted a false warranty can only be prosecuted in the court having jurisdic- 
tion in the place where the warranty was given. He can now be prosecuted 
either in the place where the warranty was given or in the place where the 
article to which it relates to was purchased. 

In Manners v. Tyler (1902), i K.B., 901 ; 86 L.T., 716, it was held that pro- 
ceedings for giving a false warranty in respect of an article of food cannot be 
taken under this section before the court having jurisdiction in the place where 
the article was purchased for analysis if the warranty was not given within the 
jurisdiction, of that court, unless "it was given to the person from whom the 
article in question was purchased for analysis. The circumstances were these : 
Manners, in Wiltshire, sold milk to the Great Western and Metropolitan 
Dairies, Limited, in Middlesex, with a warranty which turned out to be 
false. The Dairies Company sold it unopened to Dew, a milk-seller at Shep- 
herd's Bush, in the county of London, with a further warranty. Dew's servant, 
prosecuted under Section 6 of the Act of 1875, set up the warranty from the 
Dairies Company, and was discharged. Manners was then prosecuted in 
Middlesex for giving a false warranty, and pled no jurisdiction. The plea was 
sustained, the court holding that, while this subsection removed the ground ol 
objection which was sustained in Reg. v. Smith, supra, ' the Legislature did not 
consider the case of successive warranties, and did not provide for them.' 

'^ See Section 17 as to circumstances under which a person convicted of 
an offence under this section may be imprisoned. 

s The decision in Derbyshire v. Houliston (1897), i Q.B., 772 ; 76 L.T., 624 
(as to which see note i to Section 27 of the Act of 1875, ante, p. 280), rendered 
the provision of Section 27 of the Act of 1875 regarding a false warranty 
practically inoperative. That provision is accordingly repealed (Section 27 
of this Act and schedule), and the above enactment substituted. The effect 
is that it is no longer necessary for the prosecutor to prove knowledge on 
the part of the accused of falsity of the statements in the warranty, and that 
the accused will fall to be convicted unless he prove that he had reason to 
believe that the statements contained in the warranty were true. 

In Oatley v. Lemon (1905), 92 L.T., 200 ; 69 J. P., 163, the respondent, a 
farmer at Sudbury, Derbyshire, contracted with a retail purveyor of milk 
trading at Holland Road, Kensington, to supply him at Addison Road Railway 
Station, Kensington, with daily consignments of new milk with all its cream, 
and gave a written warranty to that effect. When the milk arrived at Addison 
Road Station it was found to be deficient in fat to the extent of 16 per cent. 
In a prosecution of the retail dealer under Section 9 of the Act of 1875 it was 
proved that the milk was part of a consignment supplied by the respondent 
under the warranty, and the complaint was dismissed. Lemon was thereupon 
prosecuted under this section for giving a false warranty. He proved to the 
satisfaction of the magistrate that when he sent the milk off from Sudbury, 
and up to the time it would be delivered at Addison Road, he had reason to 
believe the statements contained in the warranty were true. The magistrate 
dismissed the summons. It was held on appeal that the question was one of 
fact, and that the magistrate's decision on the facts found proved by him was 
correct. 

In Kelly v. Lonsdale and Company (1906), 2 K.B., 486 ; 22 T.L.R., 655, it 
was held that a written warranty by a foreigner could not be founded on as a 



326 MEAT AND FOOD INSPECTION 

defence to a charge of importing adulterated butter not marked as required by 
Section i (b) of this Act, but that such a warranty was only available as a 
defence to a charge of selling adulterated articles of food. 

2 1 . Duty of Court to send Article for Analysis/ — The justices 
or court referred to in Section 22 of the Sale of Food and Drugs 
Act, 1875, shall on the request of either party under that section 
cause an article of food or drug to be sent to the Commissioners 
of Inland Revenue for analysis, and may, if they think fit, do 
so without any such request.^ 

^ See Section 22 of Act of 1875, and notes thereon. 

2 Under this section the court had a discretion as to sending the sample to 
the Government Laboratory for analysis. At the request of either party 
the sample must now be sent, but in the absence of such a request the court 
may still exercise this discretion. 

22. Provisions as to Certificates of Analysis.— (i) At the 

hearing of the information in any proceeding under the Sale of 
Food and Drugs Acts, the production by the defendant of a 
certificate of analysis by a public analyst in the form prescribed 
in Section 18 of the Sale of Food and Drugs Act, 1857, shall be suf- 
ficient evidence of the facts therein stated, unless the prosecutor 
requires that the analyst be called as a witness. 

(2) A copy of every such certificate shall be sent to the prosecutor 
at least three clear days before the return day, and if it be not so 
sent the court may, if it thinks fit, adjourn the hearing on such 
terms as may seem proper. 

This section places the delinquent in the same position as the prosecutor, as 
to the sufficiency of the evidence of the facts contained in the analyst's 
certificate produced by the defendant. See notes to Section 21 of the Act 
of 1875, ante, p. 268. 

23. Transfer of Power from Secretary for Scotland to 
Local Government Board. — This Act shall apply to Scotland 
with the substitution for ' the Local Government Board ' of ' the 
Local Government Board for Scotland,' and all powers and duties 
vested in or imposed on the Secretary for Scotland in relation to 
the Sale of Food and Drugs Acts shall be transferred to, vested in, 
or imposed on the Local Government Board for Scotland. 

24>. Application to Ireland. — This Act shall apply to Ireland 
with the substitution for ' the Board of Agriculture ' of ' the Depart- 
ment of Agriculture and Technical Instruction for Ireland,' and 
for the ' Local Government Board ' of the ' Local Government 
Board for Ireland,' and for 'the London and Edinburgh Gazettes ' 
of ' the Dublin Gazette.' 



1 



THE SALE OF FOOD AND DRUGS ACT, 1899 327 

25. Interpretation of Terms. — In this Act, unless the context 
otherwise requires — 

The expression ' margarine-cheese ' means any substance, 

whether compound or otherwise, which is prepared in 

imitation of cheese, and which contains fat not derived from 

milk. 
The expression ' cheese ' means the substance usually known 

as cheese, containing no fat derived otherwise than from 

milk. 
The expression ' local authority ' means any local authority 

authorized to appoint an analyst for the purposes of the 

S^e of Food and Drugs Acts, and the expression ' public 

analyst ' means an analyst so appointed. 
Other expressions have the same meaning as in the Sale of 

Food and Drugs Acts, and an offence under this Act shall be 

treated as an offence under those Acts. 

See Act of 1875, Section 33, for meaning of terms in the application of the 
Acts to Scotland. 

26. Definition of 'Food.' — For the purposes of the Sale of 
Food and Drugs Acts the . expression ' food ' shall include every 
article used for food or drink by man, other than drugs or water, 
and any article which ordinarily enters into or is used in the com- 
position or preparation of human food ; and shall also include 
flavouring matters and condiments. 

This section was rendered necessary mainly by the decisions in James v- 
Jones (1894), 58 J. P., 230, where it was held that baking-powder consisting of 
20 per cent, of bicarbonate of soda, 40 per cent, of ground rice, and 40 per cent, 
of alum, the last being injurious to health, was not an article of food within 
the meaning of Section 3 of the Act of 1875 ; and in Shortt v. Smith (1895), 
II T.L.R., 325 ; 59 J. P., 213, where it was held that chewing-gum containing 
35 per cent, of paraffin wax, and gum mastic, was not food within the meaning 
of the same section. 

See also Bennett v. Tyler (1900), 81 L.T., 787 ; 64 J. P., 119, where it was 
held that chewing-gum of which paraffin wax was one of the ingredients was 
not an article of food. 

As to water, see Section 70 of the Public Health Act, 1875. 

See Act of 1875, Section 2, and notes thereon, also Section i of Act of 
1907, for definition of ' butter factories ' and ' milk-blended butter '; and 
Section 13 of same Act for new and substituted definition of ' margarine.' 

27. Repeal of Enactments in Schedule. — The enactments in 
the schedule to this Act are hereby repealed to the extent 
mentioned in the third column of that schedule. 

28. Short Title and Commencement. — (i) This Act may be 
cited as the Sale of Food and Drugs Act, 1899, and the Sale of Food 



328 



MEAT AND FOOD INSPECTION 



and Drugs Act, 1875, and the Sale of Food and Drugs Act Amend- 
ment Act, 1879, and the Margarine Act, 1887, and this Act may be 
cited collectively as the Sale of Food and Drugs Acts, 1875 to 1899, 
and are in this Act referred to as the Sale of Food and Drugs Acts. 
(2) This Act shall come into operation on the first day of January, 
1900. 

SCHEDULE. 
Enactments Repealed. 



Session and Chapter. 


Short Title. 


Extent of Repeal. 


38 & 39 


Vict., 


The Sale of Food and 


In Section 2, the definition of the 


c. 63. 




Drugs Act, 1875. 


term ' food.' 

In Section 14, the words ' offer to,' 
and the words ' proceed accord- 
ingly and shall.' 

Section 15. 

In Section 27 the words from 
' Every person who shall give a 
false warranty in writing ' to ' a 
penalty not exceeding twenty 
pounds.' 


42 & 43 


Vict., 


The Sale of Food and 


Section 10. 


c. 30. 




Drugs Act Amend- 
ment Act, 1879. 




50 & 51 


Vict., 


The Margarine Act, 


In Section 6, the words ' or with,' 


c. 29. 




1887. 


and the words ' not less than a 
quarter of an inch square.' 


54 & 55 


Vict., 


The Post Office Act, 


Section 11. 


c. 46. 




1891. 





THE BUTTER AND MARGARINE ACT, 1907. 

(7 Edw. VII., c. 21.) 

An Act to make further ■provision with respect to the Manufacture, 
Importation, and Sale of Butter and Margarine and similar Substances. 
[August 21, 1907.] 

BE it enacted by the King's most Excellent Majesty, by and with 
the advice and consent of the Lords Spiritual and Temporal, and 
Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

1. Regristration of Factories and Consigrnments. — (i) The 

provisions of Section 9 of the Margarine Act, 1887, as amended 



THE BUTTER AND MARGARINE ACT, 1907 329 

by Section 7 of the Sale of Food and Drugs Act, 1899/ relating 
to the registration of manufactories of margarine, shall, with the 
necessary adaptations, apply to — 

(a) Butter factories,^ that is to say, any premises on which 

by way of trade butter is blended, reworked, or subjected 
to any other treatment, but not so as to cease to be 
butter f and 

(b) Any premises on which there is manufactured any milk- 

blended butter* — that is to say, any mixture produced 
by mixing or blending butter with milk or cream (other 
than condensed milk of cream)^ or on which there is 
, carried on the business of a wholesale dealer in milk- 
blended butter. 

(2) The provisions of Section 7 of the Sale of Food and Drugs 
Act, 1899," relating to registers of consignments of margarine, shall, 
with the necessary adaptations, apply to consignments of milk- 
blended butter. 

(3) Premises shall not be used as a butter factory if they form 
part of or communicate, otherwise than by a public street or road, 
with any other premises which are required to be registered under the 
Sale of Food and Drugs Acts or under paragraph {b) of this section, 
and if any premises are so used the occupier thereof shall be guilty 
of an offence^ under this Act, and the local authority shall remove 
from the register of butter factories kept by them any premises 
used as a butter factory contrary to this provision :^ 

Provided that this subsection shall not apply to premises which 
on the first day of January one thousand nine hundred and seven 
were being used as a butter factory and formed part of or com- 
municated with premises which were then registered under the Sale 
of Food and Drugs Acts, if and so long as the Board of Agriculture 
and Fisheries so direct.^ 

The purpose of this section is to make it compulsory to register — 

{a) Butter factories ; 

{b) Premises in which milk -blended butter is manufactured ; 

(c) Premises in which the business of a wholesale dealer in milk-blended 
butter is carried on ; and 

{d) All consignments of milk-blended butter ; and to secure this, Section 9 
of the Act of 1887, as amended by Section 7 of the Act of 1899, and the latter 
section itself, are, with the necessary adaptations, made applicable. 

^ Ante, p. 316. See Section 2 (5) of this Act, repealing Subsection 2 of 
Section 7 of Act of 1899. 

2 This definition of butter factories is not intended to include farm-houses 
and creameries, in which natural butter, as it has been termed (to distinguish 
it from factory butter or butter blend), is produced (Report of Select Com- 
mittee on Butter Trade, 1906) ; but obviously a farm-house or creamery niay be 
a factory if any process of blending or reworking of butter is carried on 
therein. See notes to Section 2, Subsection 3. 



330 MEAT AND FOOD INSPECTION 

3 See Section 3 of Act of 1887 for definition of butter and margarine, and 
Section 13 (i) of this Act for new and substituted definition of margarine. 

* Tlie provisions in tliis Act as to the substance named in it as milk-blended 
butter Avere rendered necessary in consequence of the extensive sale of a 
substance by that name, consisting of a certain proportion of butter mixed 
with milk. In Bayley v. Peafks Gzinston and Tee, Limited (1902), 87 L.T., 
67 ; 66 J. P., 290, it was held that such a mixture was not margarine according 
to the definition of that article, and that the sale of it as milk-blended butter 
was not in contravention of Section 8 of the Act of 1899, although it con- 
tained more than 10 per cent, of butter-fat. 

In recent years the trade in milk-blended butter has become very extensive. 
As shown by the evidence submitted to the Select Committee on the Butter 
Trade, 1906, the composition of the article (which is frequently a mixture of 
several butters) is such as to open a wide door for defrauding the public. It 
is made by mixing butter with milk by a mechanical process. The milk may 
be cream or fresh sweet milk with all it's fat, but more frequently it is skimmed 
or separated milk or water, and the percentage of moisture, it is said, varies 
from 20 to 40 or even 50 per cent, of the article when ready for sale. A 
substance of that kind could not be sold as butter, but it was sold with 
a label describing it as milk-blended butter. There being no limit to the 
amount of moisture which might be blended with the fatty substance, and 
no duty to set forth the percentage of it on the label, it is obvious that the 
business of manufacturing this article might be a very profitable one, and that, 
for the protection of the public, legislation with regard to it was necessary. 
Accordingly, in several recent Sessions, Bills were introduced for this purpose, 
but failed to pass. Some of these contained provisions making the manufac- 
ture or sale of such an article entirely illegal, but the Bill which became the 
present Act was framed on the principle of recognizing milk-blended butter 
as an article of food which might be lawfully sold. It was conceded that 
it was not in itself unwholesome or injurious to health, and as it seemed to 
meet the wants and suit the tastes of certain sections of the community, it 
was argued that it was unnecessary, and might be a hardship upon those who 
had been using it, to entirely prohibit the manufacture and sale of it so long 
as sufficient precautions were taken to prohibit its sale under the name of 
butter. This view prevailed, and, notwithstanding considerable opposition, 
the Bill became law, with some important amendments for further protecting 
the public. Whether the Act does so or not can only be proved by experience 
of its working. 

See Sections 3, 8, and 9 of Act of 1887 and notes thereon {ante, pp. 301, 306, 
307), and Sections 7 and 8 of the Act of 1899 and notes thereon [ante, pp. 316, 
317), and Sections 4 and 5 of this Act and notes thereon [post, pp. 332, 333). 

5 This is the only definition in the Act of milk-blended butter, and along 
with it must be read Section 4 (2), which makes it an offence for any person 
to manufacture, sell, expose for sale, or possess for the purpose of sale, milk- 
blended butter containing more than 24 per cent, of water. 

^ This, of course, does not include Subsection 2, which is now repealed 
(N"ote I, supra). See Section 7 of Act of 1899 and notes thereon {ante, 
p. 316-7). 

"^ See Section 4 of Act of 1887, and Section 11 of this Act, for penalties. 

^ The object of this subsection is to prohibit the manufacture of butter in 
premises in- which the manufacture of margarine, margarine cheese, or milk- 
blended butter is carried on. 

^ The exclusion of existing premises from the operation of this section is 
only if and so long as the Board may direct. 






THE BUTTER AND MARGARINE ACT, 1907 331 

2. Inspection of Factories. — (i) Any officer of the Board of 
Agriculture and Fisheries or of the Local Government Board shall 
have power to enter at all reasonable times any premises registered 
under the Sale of Food and Drugs Acts or this Act, and to inspect 
any process of manufacture, blending, reworking, or treatment 
used therein, and to take samples for analysis of any butter, mar- 
garine, margarine-cheese, milk-blended butter,^ or of any article 
capable of being used in the manufacture, treatment, or adulteration 
of any such article as aforesaid.^ 

(2) An officer of a local authority who is authorised to procure 
samples^ under the Sale of Food and Drugs Acts shall, if specially 
authorized in that behalf by the local authority, have the like power 
of entry, mspection, and sampling as regards any premises regis- 
tered with the authority as a butter factory.* 

(3) If the Board of Agriculture and Fisheries have reason to 
believe — 

{a) that on any unregistered premises there is carried on any 
process of manufacture, blending, reworking, or treat- 
ment or any wholesale dealing which under the Sale 
of Food and Drugs Acts or this Act cannot be carried 
on except on registered premises ; or 

(6) that on any premises butter is by way of trade either made 
or stored, and that for the purposes of those Acts inspec- 
tion is desirable, 

the Board may specially authorize any officer of the Board ^ to 
enter the premises, and in such case the officer shall have the like 
powers of entry, inspection, and sampling^ as if the premises were 
registered/ 

(4) Where under this section a special authority is required, an 
officer of the Board or of a local authority shall not be entitled to 
exercise any of his powers under this section unless, if so requested 
by or on behalf of the occupier of the premises to be entered, he 
produces his authority. 

(5) Subsection (2) of Section 7 of the Sale of Food and Drugs 
Act, i8gg, is hereby repealed. 

^ For definition of butter, see Section 3 of Act of 1887 ; of margarine, 
Section 13 of this Act ; of margarine-cheese. Section 25 of Act of 1899 ; and of 
milk-blended butter, Sections i (6) and 4 of this Act. 

2 This subsection gives power to the officers of the Boards named to enter 
all registered premises, and to inspect the process of manufacture, etc., and 
to take samples for analysis of the articles named, or of any article capable of 
being used in their manufacture, treatment, or adulteration. As to how- 
samples are to be dealt with, see Section 11 (2;, which provides that Section 12 
of the Act of 1887 (relating to proceedings) shall apply to proceedings under 
this Act. That section in turn incorporates Sections 12 to 28 of the Act of 



MEAT AND FOOD INSPECTION 



1 



1875, which provide as to how samples are to be dealt with, and as to proceed 
ings to be taken in regard to them. Section 33 of that Act should also have 
been incorporated. 

2 The officers are those named in Section 1 3 of the Act of 1875. 

^ It will be noted that the power of entry given by this subsection is con- 
fined to butter factories. Until special authority is got sanitary inspectors and 
other officers of a local authority cannot enter a butter factory! See Section 7 
of Act of 1899 and notes thereon (ante, p. 316). The reason for not giving the 
officers of local authorities power to enter premises on which milk-blended 
butter is made was to ' avoid the risk of revealing the trade secrets of these 
places ' (President of Board of Agriculture and Fisheries in House of 
Commons, April 17, 1907). 

^ The power to order inspection of unregistered premises is conferred only 
upon the Board of Agriculture and Fisheries, and is only to be exercised 
when the Board have reason to believe that illegal processes or practices are 
carried on therein, and the Board's officers can only enter unregistered premises 
when specially authorized to do so by the Board. This obviously means 
that the particular premises to be entered must be named in the authority. 
The authority need only give power to enter. Armed with this power, the 
officer has the like power of inspecting and sampling as if the premises were 
registered. See Section 7 of Act of 1899 and notes thereto, particularly case 
of Hari v. Cohen and Van der Laan there cited. 

^ See note, supra. 

'^ This subsection authorizes the entry into farm-houses and creameries, or 
any premises whatsoever, if there is reason to believe that illegal practices are 
carried on therein. 

3. Prohibition of Adulterants in Butter Factories.— If any 

substance intended to be used for the adulteration of butter is found 
in any butter factory, the occupier of the factory shall be guilty of 
an offence under this Act, and if any oil or fat capable of being so 
used is found it shall be deemed to be intended to be so used, unless 
the contrary is proved. 

The onus of proving the contrary is upon the occupier of the factory, but 
he may exempt himself under Section 5 of the Act of 1887, which Section 11 
of this Act incorporates. See notes to these sections. 

4. Limit of Moisture in Butter, Margrarine, and Milk-blended 
Butter. — (i) If any butter which, when prepared for sale or consign- 
ment, contains more than sixteen per cent, of water^ is in any butter 
factory, or if any margarine which, when prepared for sale or consign- 
ment, contains more than sixteen per cent, of water is in any 
margarine factory, or if any such butter or margarine is consigned 
from a butter factory or margarine factory, the occupier of the 
factor or consignor, as the case may be, shall (whether the excess 
of moisture is due to adulteration or not) be guilty of an offence 
under this Act, unless the occupier or consignor proves to the satis- 



THE BUTTER AND MARGARINE ACT, 1907 333 

faction of the court that the butter or margarine was not made, 
blended, reworked, or treated in the factory. 

(2) Any person who manufactures, sells, or exposes or offers for 
sale, or has in his possession for the purpose of sale, any milk- 
blended butter which contains more than twenty-four per cent, of 
water, shall be guilty of an offence under this Act.^ 

^ See Sale of Butter Regulations, which provide that when water exceeds 16 
per cent., it shall be presumed for the purposes of the Acts, until the contrary be 
proved, that the butter is not genuine by reason of the excessive amount of 
water therein. This subsection applies to butter and margarine in a factory 
prepared for sale or consignment. The occupier of the factory or consignor, 
as the case may be, will be guilty of an offence under this Act if the butter or 
margarine, when prepared for sale or consignment, contains more than 16 per 
cent, of water, unless the occupier of the factory or consignor proves that the 
butter or margarine was not made, blended, reworked, or treated in the 
factory. The subsection seems to contemplate butter or margarine prepared 
for sale or consignment being sampled either in the factory or after it has left 
the factory on consignment (e.g., in transit (Section 8 of Act of 1887), or in 
possession of a wholesale or retail dealer), or in course of delivery to either 
(Section 3 of Act of 1879, and Section 14 of Act of 1899) ; but if the article, 
when sampled after it has left the factory, should contain more than 16 per 
cent, of water, it does not follow that it contained more than that amount 
when consigned from the factory. In these circumstances, it may be difficult 
to obtain a conviction against the consignor, but the retailer of butter can be 
prosecuted for a contravention of Section 6 of the Act of 1875 and the Butter 
Regulations, 1902, and the retailer of milk-blended butter for a contravention 
of Subsection 2 of this section, and Section 9 (3) of this Act. 

2 Butter is defined to mean (Section 3 of Act of 1887) 'the substance 
usually known as butter made exclusively from milk or cream or both,' and 
milk-blended butter is defined to mean (Section i of this Act) ' any mixture 
produced by mixing or blending butter with milk or cream.' There is no 
substance in either article foreign to milk, which, when genuine, contains a 
slightly varying but fairly constant percentage of water. 

By Subsection i of this section it is made an offence to manufacture or 
consign for sale butter containing more than 16 per cent, of water ; and by 
Subsection 2 it is made an offence to manufacture, sell or expose for sale, or 
possess for the purpose of sale, any milk-blended butter which contains more 
than 24 per cent, of water. The result is that, when an article made exclusively 
from milk or cream, or both, contains more than 16 per cent, of water, it ceases 
to be butter, and becomes milk-blended butter ; and when it contains more 
than 24 per cent, of water, it ceases to be milk-blended butter, and is an 
unlawful article of commerce. 

5. Provisions as to the Importation of Butter, Margarine, 
and Milk-blended Butter. — (i) There shall be included in the list 
of articles importation of which is made an offence by Section i 
of the Sale of Food and Drugs Act, 1899,^ the following articles : 

(e) Butter containing more than sixteen per cent, of water ; 
(/) Margarine containing more than sixteen per cent, of water, 
or more than ten per cent, of butter-fat f 



334 MEAT AND FOOD INSPECTION 

(g) Milk-blended butter containing more than twenty-four per 
cent, of water ; 

(h) Milk-blended butter, except in packages conspicuously 
marked^ with such name as may be approved by the 
Board of Agriculture and Fisheries for the purpose ; 

(/) Butter, margarine, or milk-blended butter which contains 
a preservative prohibited by any regulation made under 
this Act, or an amount of a preservative in excess of 
the limit allowed by any such regulation ;^ 

and in the said section the words ' adulterated or impoverished 
butter (other than margarine) or ' and the words ' butter or ' shall 
be repealed. 

(2) The maximum fine for an offence under the said Section i, 
as amended by this section, shall, where the article in respect of 
which the offence was committed is butter, margarine, margarine- 
cheese, or milk-blended butter, be either such as is provided in the 
said Section i, or, at the election of the Commissioners of 
Customs,^ a fine equal to the value of the goods imported bearing the 
same mark or description, to be estimated and taken according to the 
rate and price for which goods of the like kind but of the best quality 
were sold at or about the time of the importation. 

(3) In any proceeding under the said Section i as amended by 
this section the certificate of the principal chemist of the Govern- 
ment Laboratories, or, if the person who made the analysis be 
called as a witness, the evidence of that person, that an imported 
substance is margarine or milk-blended butter shall raise a pre- 
sumption, until the contrary is proved, that the substance is mar- 
garine or milk-blended butter, and the defendant shall not be 
entitled to require the person who made the analysis to be called as 
a witness unless he shall, at least three clear days before the return 
day, give notice to the prosecutor that he requires his attendance, 
and deposit with the prosecutor a sum sufficient to cover the reason- 
able costs and expenses of his attendance, which costs and expenses 
shall be paid by the defendant in the event of his conviction.^ 

(4) Where a sample taken under the said Section i as amended 
by this section is certified by the principal chemist to be margarine 
or milk-blended butter the Commissioners of Customs shall upon 
receiving the certificate forthwith notify the importer thereof.'^ 

^ The articles mentioned in Subsection i of the Act of 1899 are : 

(a) Margarine or margarine cheese ; 

(b) Adulterated or impoverished butter (other than margarine or adulter- 

ated or impoverished milk or cream) ; 

(c) Condensed, separated or skimmed milk ; 

(d) Any adulterated or impovei-ished article of food to which the section 

may be applied by ox'der in council. 
To this list the five articles mentioned in this subsection are added. The 
addition of the first three was the necessary result of the provisions in Section 4. 



THE BUTTER AND MARGARINE ACT, 1907 335 

The repeal of the words ' adulterated or impoverished butter (other than 
margarine) or ' and the words ' butter or ' in Subsection i [b) of Section i 
of the Act of 1899 limits the application of that subsection to ' adulterated 
or impoverished milk or cream.' 

- Section 8 of the Act of 1S99 makes it an offence to manufacture, sell, or 
expose for sale, or import, any margarine, ' the fat of which contains more 
than 10 per cent, of butter-fat.' This seems a different provision, and means 
that the whole composition of margarine — viz., fat, water, and all — must not 
contain more than 10 per cent, of butter-fat. 

3 The mark must be on the package, and the mark thereon must be the 
name approved by the Board. 

* See Sgption 7, infra, as to the making of regulations. 

5 The power of election applies only to the four articles named. See 
Section i (i) of the Act of 1899 for penalties {ante, p. 310). 

^ This subsection supplements Section i (5) of the Act of 1899, which 
provides that the certificate of the principal chemist shall be sufficient evidence 
of the facts stated therein, unless the department requires the person who 
made the analysis to be called as a witness. This subsection goes further, 
and provides that such certificate or the evidence of the person who made the 
analysis, if he be called as a witness, if it relates to imported margarine or 
milk-blended butter, shall raise a presumption that the substance is mai'garine 
or milk-blended butter, and lays the onus of proving the contrary upon the 
defendant ; and if the defendant requires the person who made the analysis 
to attend the court, which he is entitled to do by Section i (5) of the Act of 
1899, he must not only give the prosecutor three days' notice, but must deposit 
a sum to cover the cost and expense of the analyst's attendance. 

■^ See Section i (2) of Act of 1899 for definition of importer. 

6. Regulations as to Milk-Solids in Butter.— The power of 
making regulations under Section 4 of the Sale of Food and Drugs 
Act, 1899, shall extend to making regulations as to the proportion 
of any milk-soHd other than milk-fat in any sample of butter or 
milk-blended butter. 

The object of this section is to give the Board of Agriculture and Fisheries 
power to make regulations to prevent the adulteration of butter or milk- 
blended butter by the addition thereto of curd or milk-solids other than fat. 

7. Regulations as to Preservatives/— (i) The Local Govern- 
ment Board may, after such inquiry as they deem necessary, make, 
regulations for prohibiting the use as a preservative of any sub- 
stance specified in such regulations in the manufacture or prepara- 
tion for sale of butter, margarine, or milk-blended butter, or for 
limiting the extent to which, either generally or as regards any 
particular substance or substances, preservatives may be used in 
the manufacture or preparation for sale of butter, margarine, or 
milk-blended butter. 



336 MEAT AND FOOD INSPECTION 

(2) Any regulations made under this section shall be notified in 
the London, Edinburgh, or Dublin Gazette as the case may require, 
and shall also be made known in such other manner as the Local 
Government Board may direct. 

(3) Any person who manufactures, sells, or exposes or offers for 
sale,^ or has in his possession for the purpose of sale, any butter, 
margarine, or milk-blended butter which contains a preservative 
prohibited by a regulation under this section or an amount of a 
preservative in excess of the limit allowed by any such regulation, 
shall be guilty of an offence under this Act. 

■^ See Section 3 of Act of 1875 and notes thereon. This section carries out a 
recommendation of the Butter Committee of 1906, who state : ' It does not 
appear that the trade in butter is unsatisfactory in this respect, but it does 
not seem that there are any adequate means in the present state of the law 
of checking any abuse in preservatives that may arise.' 

2 See notes to Sections 6 and 7 of the Act of 1887 {ante, pp. 304-306). 

8. Marking- of Wrappers, etc., used in Connection with 
Margarine. — If in any wrapper enclosing margarine, or on any 
package containing margarine, or on any label attached to a parcel 
of margarine, or in any advertisement or invoice of margarine a 
person dealing in margarine describes it by any name other than 
either ' margarine,' or a name combining the word ' margarine ' with 
a fancy or other descriptive name approved by the Board of 
Agriculture and Fisheries and printed in type not larger than and 
in the same colour as the word ' margarine,' he shall be guilty of 
an offence under this Act. 

See Section 6 of Act of 1887 and notes thereon ; also Section 6 of Act of 
1899, where 'package ' is used in connection with articles sold by wholesale, 
and ' parcel,' ' label ' and ' wrapper ' in connection with sales by retail. 
Section 6 (2) of the Act of 1899 prohibits other printed matter from appearing 
on the wrapper. This section modifies that prohibition by allowing a fancy 
or descriptive name approved by the Board to be combined with margarine, 
provided it is printed in type not larger than, and of the same colour as, the 
word ' margarine.' It will be competent for every manufacturer of mar- 
garine to obtain the approval of a name for his own product, and to register 
the name as a trade mark ; but Section 10 provides that the approved name 
must not be suggestive of butter or the dairy interest. 

See notes to Sections 3 and 6 of Act of 1887. 

9. Regulation of Sale of Milk-blended Butter.— (i) Milk- 
blended butter shall be dealt with under such name or names^ as 
may be approved by the Board of Agriculture and Fisheries and 
under the conditions applicable to the sale or description of mar- 
garine,^ with the substitution of an approved name for the word 
' margarine,' and with this modification, that, in any case where, 
in order to comply with those conditions, the article is delivered 



THE BUTTER AND MARGARINE ACT, igo/ 337 

to the purchaser in a wrapper, there shall, in addition to the ap- 
proved name, be printed on the wrapper in such manner as the Board 
approve such description of the article, setting out the percentage 
of moisture or water contained therein,^ as may be approved by the 
Board. 

(2) Milk-blended butter, whenever forwarded by any public con- 
veyance, shall be duly consigned under the name which, as respects 
the article consigned, has been approved by the Board under this 
section ; subject to this modification. Section 8 of the Margarine 
Act, 1887, shall apply to milk-blended butter in like manner as it 
applies to margarine. 

(3) If any person deals with, sells, or exposes or offers for sale, 
or has in his possession for the purpose of sale, or describes any milk- 
blended butter contrary to the provisions of this section, he shall 
be guilty of an offence under this Act, but any defence which would 
be a defence under Section 7 of the Margarine Act, 1887, as 
respects margarine, shall be a defence under this section as respects 
milk-blended butter.* 

^ It was made clear from the discussion of the Bill in Committee that each 
manufa-ctxirer might apply for the approval of a name for his own product, 
and that it was not intended that the Board should approve of one general 
name for all milk-blended butter. 

2 This seems to read into this section the provisions of the Acts of 1887 and 
1899 applicable to the sale or description of margarine. As to whether 
Section 10 of the Act of 1899 is applicable, see note i to that section (p. 318). 
See also notes to Section 8 of Act of 1887 (pp. 306-7). 

^ It is only necessarj'- that the percentage should be printed on the 
' wrapper ' — that is to say, when the article is sold by retail. It is not neces- 
sary to print it on packages which are the receptacles for wholesale quantities. 

This part of the modification clause was introduced in the Committee of the 
House of Commons. It necessitates the printing upon the wrapper, not only 
the approved name, but also such description of the article as the Board may 
approve, setting out the percentages of moisture or water contained in the 
article. This is a most valuable provision for protecting the public, and might 
well be followed with reference to other mixed articles of food sold under the 
protection of a label, such as coffee and chicory. 

* This subsection is a repetition of the first part of Section 7 of the Act of 
1887, with the necessary addition, of the words ' or describes any milk-blended 
butter contrary to the provision of this section.' 

The defence referred to is proof of purchase, with "WTitten warranty or 
invoice. See Section 25 of Act of 1875 ; Section 7 of Act of 1887 ; and 
Section 20 of Act of 1899, and notes to these sections. 

10. Names of Margarine, etc.— A name shall not be approved 
by the Board of Agriculture and Fisheries for use in connexion with 
margarine if it refers to or is suggestive of butter or anything con- 
nected with the dairy interest, nor shall such a name be approved 

22 



338 MEAT AND FOOD INSPECTION 

as a name under which milk-blended butter may be imported or 
dealt with. 

This section refers to the fancy or descriptive name which, under 
Section 8, may, with the approval of the Board, be combined with margarine, 
and to the name or names which, by Section 9, are to be approved by the 
Board for milk-blended butter. 

11. Penalties^ for Offences. — (i) Any person guilty of an offence 
under this Act shall be liable on conviction under the Summary 
Jurisdiction Acts for a first offence to a fine not exceeding twenty 
pounds and for a second offence to a fine not exceeding fifty pounds 
and for a third or any subsequent offence to a fine not exceeding 
one hundred pounds, and in cases where imprisonment can be 
inflicted under Section 17 of the Sale of Food and Drugs Act, 1899, 
to such imprisonment as is by that section authorized. 

{2) Section 5 of the Margarine Act, 1887^ (which exempts 
employers from liability in certain cases), and Section 11 of the 
same Act (which relates to the appropriation of penalties),^ and 
Section 12 of the same Act (which relates to proceedings under 
that Act), shall apply to proceedings under this Act,* with the sub- 
stitution of references to this Act for references to the Margarine 
Act, 1887. 

^ The penalties are those imposed by Section 4 of the Act of 1887, and they 
are subject to the provisions of Section 17 of the Act of 1899, by which, in 
certain circumstances, a person found guilty of certain offences is liable 
to imprisonment. As to other penalties, see Sections 3, 6, 9, and 17 of the Act 
of 1875 ; Section 4 of the Act of 1S70 ; Sections i, 9, 11, and 16 of the Act of 
1899 ; 3-iid Section 5 (2) of this Act. 

2 Section 5 of the Act of 1887 entitles an employer who is charged with an 
offence to bring before the court another person whom he charges as the actual 
offender, and to have him convicted, but the employer must first satisfy the 
court that he had used due diligence to enforce the execution of the Act, and 
that the offence had been committed by the person charged without his know- 
ledge, consent, or connivance. 

See notes to Sections 6 and 7 of the Act of 1887 {ante; pp. 304-306). 

3 Ante, p. 308. See also Sections 26 and 33 of the Act of 1875. 

* This reads into this Act Sections 12 to 28 of the Act of 1875 as to proceed- 
ings so far as not varied by the Act of 1887, and officers employed under the 
Act of 1875 are required to carry out the provisions of this Act, 

12. Amendment of Section 8 of Margarine Ac% 1887.— 

Except in the Administrative County of London, Section 8 of the 
Margarine Act, 1887, shall have effect as if the words ' inspector of 
weights and measures ' were inserted after the word ' nuisances.'^ 

^ Ante, V. 306. 



THE BUTTER AND MARGARINE ACT, 1907 339 

13. Definition of Margcarine. — (i) For the purposes of the Sale 
of Food and Drugs Acts and this Act the expression ' margarine ' 
shall mean any article of food, whether mixed with butter or not, 
which resembles butter and is not milk-blended butter. 

(2) The above definition shall be substituted for the definition of 
margarine in the Margarine Act, 1887. 

See Section 3 of Act of 1887 and notes thereon {ante, p. 301) ; Section S 
of the Act of 1899 and notes thereon {ante, p. 317) ; and Sections 4 and 5 of 
this Act and notes thereon {ante, pp. 333-335). 

14. Short Title, Constpuction, and Commencement.— (i) This 
Act majL be cited as the Butter and Margarine Act, 1907, and shall 
be construed as one with the Sale of Food and Drugs Act, 1899, 
and may be cited with the Sale of Food and Drugs Acts as the Sale 
of Food and Drugs Acts, 1875 to 1907. 

(2) This Act shall come into operation on the first day of January 
one thousand nine hundred and eight. 



PUBLIC HEALTH (REGULATIONS AS TO FOOD) 
ACT, 1907. 

(7 Edw. VII., c. 32.) 

An Act to enable regulations to he made for the prevention of danger 
arising to public health from the importation, preparation, storage, 
and distribution of articles of food {August 28, 1907). 

BE it enacted by the King's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and Temporal, 
and Commons, in this present Parliament assembled, and by the 
authority of the same, as follows : 

1. Power to make Reg-ulations as to the Importation, 
Preparation, Storag'e, and Distribution of Articles of Food. - 

(i) The power of making regulations under the Public Health Act. 
1896, 59 and 60 Vict., c. 19, and the enactments mentioned in that 
Act, shall include the power of making regulations authorizing 
measures to be taken for the prevention of danger arising to 
public health from the importation, preparation, storage, and 
distribution of articles of food or drink (other than drugs or 
water) intended for sale for human consumption, and, without 

22 — 2 



340 MEAT AND FOOD INSPECTION 

prejudice to the generality of the powers so conferred, the regu- 
lations may — 

(fl) Provide for the examination and taking of samples of any 
such articles ; 

(b) Apply as respects any matters to be dealt with by the 

regulations, any provision in any Act of Parliament 
dealing with the like matters, with the necessary 
modifications and adaptations ; 

(c) Provide for the recovery of any charges authorized to be 

made by the regulations for the purposes of the regula- 
tions or any services performed thereunder. 

(2) For the purposes of regulations made under this Act, articles 
commonly used for the food or drink of man shall be deemed to 
be intended for sale for human consumption unless the contrary is 
proved. 

(3) In the application of this Act to Scotland, Part IV. of 
the Pubhc Health (Scotland) Act, 1897 (60 and 61 Vict., c. 38), 
shall be substituted for the Public Health Act, 1896. 

2. Publication of Reg'ulations.^ — All regulations made under 
this Act shall be laid as soon as may be before Parliament, and the 
Rules Publication Act, 1893 (56 and 57 Vict., c. 66), shall apply to 
such regulations as if they were statutory rules within the meaning 
of Section i of that Act, and that Act as so applied shall, not- 
withstanding anything in Subsection 5 of Section i thereof, 
extend to Scotland, with the substitution of a reference to the 
Edinburgh Gazette for the reference to the London Gazette. 

3. Short Title. — This Act may be cited as the Public Health 
(Regulations as to Food) Act, 1907. 

The short but comprehensive Act gives the Local Government Board 
power to make regulations for the prevention of danger to public health from 
the importation, preparation, storage, and distribution of articles of food 
intended for sale for human consumption. The existing law empowers medical 
officers, sanitary inspectors, and veterinary surgeons to seize and procure the 
condemnation of articles of food which are diseased, unsound, or imfit for the 
food of man, where such articles are exposed for sale or deposited in any place, 
or are in course of transmission for the purpose of sale or of preparation for 
sale ; but in practice it has been found that it gives no power, or insufficient 
power, to seize articles of food intended for sale for human consumption, and 
which at the time may not be in one or other of the above positions, and that 
the powers of inspection and regulation of premises in which certain articles 
of food are prepared and stored, and of the receptacles and means of transport 
in and by which food is distributed, are altogether inadequate. The enormous 
importation of food into the United Kingdom, much of it in tins, the recent 
scandals connected with that trade, the state of the premises in which and 



PUBLIC HEALTH {REGULATIONS AS TO FOOD) ACT 341 

the conditions under which certain articles of food are prepared and dis- 
tributed in this country, as revealed in the discussions on the Bill in the House 
of Commons, render it necessary that the Local Government Board and 
Local Authorities should be arined with fuller powers of inspection and 
regulation. 

No regulations have yet been issued by the Local Government Board, but 
the following extract from the speech of the President of the Board in the 
House of Commons on August 2, 1907, on the second reading of the Bill, 
indicates the intention of the Board as to their purpose and scope : ' The 
Local Governmeut Board,' said Mr. Burns, ' desire power under this Bill to 
prevent danger arising to the public health from the importation of tinned 
foods. . . . The regulations would also require satisfactory evidence of the 
antecedents of the food, as is demanded by Germany, Denmark, and other Con- 
tinental countries. The authorities would insist upon knowing the conditions 
under wMch food was prepared, especially sausages, brawn, and other articles 
consumed mainly in the poorer districts. It would insist upon the provision 
of clean and decent places where food had to be stored. It would provide, for 
example, that ice-cream in process of preservation should not be kept under or 
in a bed or near a lavatory. It would insist that in the process of distributing 
food the receptacles, wagons, and other means of transport should be kept 
cleaner than they now were. It would enable many of the abominations which 
prevail in all parts of the country to be stopped, and, indeed, the conditions 
under which food was prepared and distributed would be so improved as to 
be an aid to the food trade, while conferring a protection upon the honest 
traders in the difficulties which now surround them.' 

The interests of traders and manufacturers are sufficiently safeguarded by 
Section 2, providing that regulations made u:ider the Act should be laid as 
soon as may be before Parliament, and for the Rules Publication Act, 1893, 
being made applicable to them. That means that the proposed regulations 
must not only be laid before Parliament, but that notice of the proposal to 
make them must be advertised in the London, Edinburgh, and Dublin Gazettes 
(if applicable to all parts of the United Kingdom) at least forty days before 
the regulations are made, and that during that period any pubhc body may 
obtain copies of them, that any representations or suggestions made by any 
public body in wTiting to the Local Government Board shall be taken into 
consideration before the regulations are finally settled, and that on the expira- 
tion of the forty days the regulations may be made either as originally pre- 
pared or as amended by the Board, and shall come into operation forthwith, 
or at such time as may be prescribed by the regulations. 



SALE OF HORSEFLESH, ETC., REGULATION 

ACT, 1889. 

Sigrns on Horseflesh Shops. 

1. No person shall sell, offer, expose, or keep for sale any horse- 
flesh for human food elsewhere than in a shop, stall, or place over 
or upon which there shall be at all times painted, posted, or placed 
in legible characters of not less than four inches in length, and in a 
conspicuous position, and so as to be visible throughout the whole 
time, whether by night or by day, during which such horseflesh 
is being offered or exposed for sale, words indicating that horseflesh 
is sold there. 

Horseflesh not to be sold as other Meat. 

2. No person shall supply horseflesh for human food to any 
purchaser who has asked to be supplied with some meat other than 
horseflesh, or with some compound article of food which is not 
ordinarily made of horseflesh. 

Power of Medical Officer of Health to inspect Meat, etc. 

■ 3. Any medical officer of health, or inspector of nuisances, or 
other of&cer of a local authority acting on the instructions of such 
authority or appointed by such authority for the purposes of this 
Act, may at all reasonable times inspect and examine any meat 
which he has reason to believe to be horseflesh, exposed for sale or 
deposited for the purpose of sale, or of preparation for sale, and 
intended for human food, in any place other than such shop, 
stall, or place as aforesaid, and if such meat appears to him to 
be horseflesh he may seize and carry away, or cause to be seized 
and carried away, the same, in order to have the same dealt with by 
a justice as hereinafter provided. 

Power of Justice to g-rant Warrant for Search. 

4. On complaint made on oath by a medical officer of health, or 
inspector of nuisances, or other officer of a local authority, any 

342 



J 



SALE OF HORSEFLESH, ETC., REGULATION ACT, 1889 343 

justice may grant a warrant to any such officer to enter any 
building or part of a building other than such shop, stall, or place 
as aforesaid, in which such officer has reason for believing that 
there is kept or concealed any horseflesh which is intended for sale, 
or for preparation for sale, for human food^ contrary to the provisions 
of this Act, and to search for, seize, and carry away, or cause to be 
seized and carried away, any meat that appears to such officer 
to be such horseflesh, in order to have the same dealt with by a 
justice as hereinafter provided. 

Any person who shall obstruct any such officer in the perform- 
ance of his duty under this Act shall be deemed to have committed 
an offence under this Act. 

Power of Justice with Reference to Disposal of Horseflesh. 

5. If it appears to any justice that any meat seized under the 
foregoing provisions of this Act is such horseflesh as aforesaid, he 
may make such order with regard to the disposal thereof as he may 
think desirable ; and the person in whose possession or on whose 
premises the meat was found shall be deemed to have committed 
an offence under this Act, unless he proves that such meat was not 
intended for human food contrary to the provisions of this Act. 

Penalty. 

6. Any person offending against any of the provisions of this 
Act, for every such offence shall be liable to a penalty not exceeding 
twenty pounds, to be recovered in a summary manner ; and if any 
horseflesh is proved to have been exposed for sale to the public 
in any shop, stall, or eating-house other than such shop, stall, or 
place as in the first section mentioned, without anything to show 
that it was not intended for sale for human food, the onus of proving 
that it was not so intended shall rest upon the person exposing it 
for sale. 

Definition of 'Horseflesh.' 

7. For the purposes of this Act ' horseflesh ' shall include the 
flesh of asses and mules, and shall mean horseflesh, cooked or un- 
cooked, alone or accompanied by or mixed with any other substance. 

Local Authorities for Purposes of Act. 

8. For the purposes of this Act the local authorities shall be, 
in the City of London and liberties thereof, the Commissioners of 
Sewers, and in other parts of the county of London the vestries and 
district boards acting in the execution of the Metropolis Local 



344 MEAT AND FOOD INSPECTION 

Management Acts, and in other parts of England the urban and 
rural sanitary authorities, and in Ireland the urban and rural 
sanitary authorities under the Public Health (Ireland) Act, 1878. 

Application to Scotland. 

9. In the application of this Act to Scotland the expression 
' justice ' shall include sheriff and sheriff substitute, and the ex- 
pression ' local authority ' shall mean any local authority authorized 
to appoint a public analyst under the Sale of Food and Drugs Act, 
1875, and the procedure for the enforcement of this Act shall be in 
the manner provided in the thirty-third section of the said Sale of 
Food and Drugs Act, 1875. 

Short Title. 

10. This Act shall be cited as the Sale of Horseflesh, etc. 
Regulation Act, 1889, 

Commencement of Act. 

1 1 . This Act shall come into operation on the twenty-ninth day 
of September, one thousand eight hundred and eighty-nine. 



THE ANTHRAX ORDER, 1899. 

The following is a summary of the above-named Order, which is 
applicable to Great Britain and Ireland : 

' Animals ' includes cattle, sheep, goats, all ruminating animals 
and swine, horses, asses, and mules. 

' Disease ' means anthrax, and ' diseased animal ' means an 
animal affected or suspected of anthrax. 

' Carcass ' means the carcass of an animal, and includes part of a 
carcass, and the meat, flesh, bones, hide, skins, hoofs, horns, offal, 
or other part of an animal, separately, or otherwise of any portion 
thereof. 

1 . Every person possessing or having had in his possession or 
under his charge an affected or suspected animal shall at once inform 
a police constable in the area where the animal is or was. The 
constable shall at once inform an inspector of the local authority, 
who must report to the local authority. The inspector of the local 
authority must report to the medical officer of health of the sanitary 
district in which the animal is or was. 

2. The inspector of the local authority shall act with all haste 
when he is informed or suspects the existence of the disease. He 
then shall put into operation his powers under this Act as well as 
those of the Diseases of Animals Act, 1894. 

3. (i) The local authority forthwith, on being informed of the 
existence of the disease, must institute inquiries as to the correctness 
of the information with the assistance of a veterinary inspector. 

(2) The owner and occupier of the infected or suspected premises 
must give all assistance. 

4. Milk from diseased or suspected animals must not be removed 
from the building or other place where the animal is or was. 

5. No animal shall be moved out of any infected or suspected 
shed or field till the veterinary inspector is satisfied that all the 

345 



346 MEAT AND FOOD INSPECTION 

animals therein are free from infection, and that the premises have 
been disinfected. Exception is made in the case of horses, asses, 
and mules, and animals removed for immediate slaughter, or 
under the supervision of the veterinary inspector, to a place of deten- 
tion, where they are to be kept for seven days. 

6. No dung, litter, fodder, etc., or any article which has been at 
all in contact with a diseased animal, is to be removed, except to a 
place fixed by the local authority, where it can be burned, disin- 
fected, or buried. The burial should be carried out in a place to 
which animals will not have access. 

7. (i) The local authority must dispose of the carcass of any dis- 
eased or suspected animal, and may do so in either of the following 
ways : 

(a) Burial. — The carcass may be removed as soon as possible 
in its skin to a suitable place into which no animal has 
access, and which is removed from a dwelling-house and 
from all risk of contaminating any well or water-supply. 
Here it shall be buried at a depth of not less than six feet 
below the surface of the earth, and with a layer of lime 
not less than one foot thick both beneath and above it. 

(6) Destruction. — If they have a licence from the Board of Agri- 
culture, the local authority may cause the carcass to be 
destroyed by heat or chemical agents, after it has been 
taken, in charge of an officer of the local authority, to 
a horse-slaughterer's or knacker's yard or other suitable 
place for the purpose. 

(2) No carcass is to be buried or destroyed save by the local 
authority, or removed from the place where the death occurred or 
the animal was slaughtered, except for the purpose of burial or 
destruction by the local authority. 

(3) Before removal all the natural openings in the carcass should 
be plugged with tow, soaked in pure carbolic acid or other dis- 
infectant. The skin should not be cut, and nothing should be 
done to cause effusion of blood, except by or under the supervision 
of the veterinary inspector, and so far as is necessary for the purposes 
of microscopical examination. 

(4) A local authority may cause or allow a carcass to be taken to 
the district of another local authority for burial or destruction, 
provided the latter give consent. 

8. A carcass can only be exhumed with the consent of the Board of 
Agriculture or the veterinary inspector. 



THE ANTHRAX ORDER, 1899 347 

9. (i) The following must be disinfected at the cost of the local 
authority under the direction of an inspector : 

(a) Every part of any shed, stable, building, field, etc., in which 

a diseased animal has died or has been slaughtered or 

kept at the date of death or slaughter. 
(&) Every utensil, pen, hurdle, or other thing used for or about 

the animal, 
(c) Every van, cart, or other vehicle used for conveying the 

animal on land otherwise than on a railway. 

(2) The shed etc., should be sprinkled with freshly burned lime 
or other suitable disinfectant, and then thoroughly swept out. All 
dung, litter, broken fodder, etc., which has been at all in contact with 
the animal must be removed. The floor and all other parts of the 
shed, etc., with which the diseased animal or its droppings, or any 
discharge from its nostrils, etc., has come in contact should be 
thoroughly washed or scrubbed or scoured with hot water. These 
parts should afterwards be washed down with lime-wash, to every 
gallon of which is added just before use 4 ounces of chloride of 
lime or ^ pint of commercial carbolic acid. Alternatively, other 
suitable disinfectants may be employed. A field or other place 
which cannot be so treated must be disinfected as the local authority 
or veterinary inspector think fit. 

(3) Utensils, pens, hurdles, etc., and vans, carts, etc., must be 
thoroughly scraped, and all litter, dung, sawdust, etc., must be 
removed. The articles mentioned should then be washed or 
scrubbed or scoured with hot water, and washed with lime-wash as 
above. 

(4) Dung, litter, broken fodder, etc., must be forthwith burned, 
or destroyed or disinfected, and buried to the satisfaction of the local 
authority or veterinary inspector. 

10. The owner must under penalty afford facilities for disinfec- 
tion. 

1 1 . Prohibits the exposure of diseased and suspected animals in 
markets or fairs, the keeping or grazing of such animals on unfenced 
land, and the movement of such animals from place to place, except 
with the consent of the veterinary inspector. 

15. As long as the disease exists the veterinary inspector must 
make a weekly report to the local authority. 

35. Every local authority must appoint at least one duly qualified 
veterinary inspector to execute the provisions of the Act. 



348 MEAT AND FOOD INSPECTION _ 

1' 

36. The local authority and its inspectors must send such notices 
and reports to the Board of Agriculture as are called for. 

43. The police are empowered to enforce this Act and any orders 
and regulations made by the Board of Agriculture. 

56. Animals landed contrary to the provisions of this Act shall 
be forfeited. 

57. Any person contravening this Order to escape conviction must 
prove to the satisfaction of the local authority that he did not know 
and could not have known that the disease existed. The same 
applies with reference to disinfection of premises. 



APPENDIX 



SALE OF BUTTER REGULATIONS, 1902. 

The Board of Agriculture, in exercise of the powers conferred 
on them by Section 4 of the Sale of Food and Drugs Act, 1899, 
do hereby make the following Regulations : 

1 . Where the proportion of water in a sample of butter exceeds 
16 per cent, it shall be presumed for the purposes of the Sale of Food 
and Drugs Acts, 1875 to 1899, until the contrary is proved, that 
the butter is not genuine by reason of the excessive amount of water 
therein. 

2. These Regulations extend to Great Britain. 

3. These Regulations shall come into operation on the fifteenth 
day of May, One thousand nine hundred and two. 

4. These Regulations may be cited as the Sale of Butter Regula- 
tions, 1902. 

In witness whereof the Board of Agriculture have hereunto set 
their Official Seal this Twenty-second day of April, One 
thousand nine hundred and two. 

T. H. Elliott, 
/^ Secretary. 

Board of Agriculture. 

The Sale of Butter Regulations relating to Ireland, dated April 23, 1902, 
are in terms identical to the above. 



ADDENDUM. 

To he read as part of note 2 to Section 25, p. 278. 

In Hargveaves v. Spackman (1907), 24 T.L.R., 173, a new point as to war- 
ranty was raised. The respondent was charged with a contravention of 
Section 9 of the Act of 1875, t>y unlawfully selling to the prosecutor, an 
inspector, milk from which 23 per cent, of fat had been abstracted. The 
respondent, in October, 1906, entered into a contract with the Dairy Supply 

349 



350 APPENDIX * 

Company, Limited, for the supply of a specified quantity daily ' of genuine 
milk as received from farmers.' The agreement continued : ' It is fully under- 
stood that this agreement is for milk as received from the farmers, that no 
warranty is hereby implied, and that the buyer must satisfy himself of its 
quality before it is accepted by him.' It was part of the arrangement that 
the milk should be sent direct to the respondent by a farmer named Golding 
of FuUerton, Hampshire, by consignment under warranty from FuUerton, and 
this arrangement was carried out ; and the sample taken from the respondent 
was from a churn so received to which was attached a label on which were 
these words : ' To Dairy Supply Coy., Limited, Museum Street, London. 
Evening train ; Feby. lo, 1907. One churn, No. 800, containing 8 gallons. 
Warranted pure new milk with all its cream and free from preservative. 
Delivered under contract. T. Golding.' It was found proved that the 
respondent had no reason to suppose that the milk was otherwise than of the 
same nature, substance, and quality as that demanded by the appellant, and 
that he sold it in the same state as when he purchased it. The respondent 
relied on the warranty as a defence under Section 25 of the Act of 1875. The 
justices were of opinion that the respondent had purchased the milk as the 
same in nature, substance, and quality as that demanded of him, and with a • 
written warranty, and dismissed the information. An appeal by the prose- 
cutor was allowed (Channell, Bray, and Sutton, JJ.). Mr. Justice Channell, 
in giving judgment, said that the case raised rather a fine point, but they were 
all of opinion that the appeal must be allowed. The respondent had got a . 
churn of milk from Golding which he believed, and had every reason to believe, 
was good milk, and all the facts necessary to establish his defence had been 
found in his favour except one — namely, that he had received no warranty in 
writing from his vendor. The warranty to be available must be something 
from the vendor to him. In the present case the respondent got no warranty 
from his vendor. He thought that in a general way ' warranty ' referred to 
a warranty from the vendor. But he thought that if there was a written war- 
ranty from the Supply Company to the middleman, and that by written 
agreement between the middleman and the respondent the benefit of that, 
warranty had been transferred to the latter, he would have a good defence 
under Section 25. That was his present idea, but it was not necessary to 
decide the point. But here it seemed quite clear that the respondent was not 
given the benefit of the warranty which the Supply Company got from their 
consignor. The special case, indeed, stated that it was part of the arrange- 
ment that the respondent was to get the milk from Golding ' under warranty,' 
but that arrangement was not in writing. Then it was contended by the 
respondent that the label in itself was a warranty ; but on its face it was only a 
warranty to the Supply Company. It seemed to him that, in order to raise 
the defence given by Section 25, the respondent must get a warranty from his 
vendor, and get it in writiirg. The appeal must be allowed. 



LIST OF ACTS AND ENACTMENTS 
QUOTED 



Public Health (London) Act, 1891, Sections 17, 18, 20, 28, 36, 

47. 71 - - - - - - - - 169 

Infectious Disease (Notification) Act, 1889 - . . 176 

Metropolis Local Management Acts Amendment - - - i77 
Public Health Act, 1875 (England and Wales), Sections 116-119, 

166-169, 170 - - - - - - -180 

Infectious Disease (Prevention), Act, 1890, Section 4 - - 184 
Public Health Amendment Act, 1890 (Adoptive, England and 

Wales), Sections 28-31 ------ 185 

Contagious Diseases (Animals) Act, 1878, Section 34 - - 186 

Contagious Diseases (Animals) Act, 1886, Section 9 - - 186 
Public Health (Scotland) Act, 1897, Sections 43, 33, 34, 35, 16 188-198 

Burgh Police (Scotland) Act, Sections 278, 280-287 - - 194 

By-laws with Respect to Slaughter-houses - _ - ipg 
Model By-laws (Local Government Board) regulating Keeping 

of Animals - - - - - - - - 202 

The Dairies, Cowsheds, and Milkshops Order of 1885 - - 203 
The Dairies, Cowsheds, and Milkshops Order of 1899 - - 209 
Regulations as to Dairies, Cowsheds, Byres, and Milkshops - 213 
The Cattle-sheds in Burghs (Scotland) Act, 1866 - - 218 
Regulations as to Cattle-sheds, Cow-houses, and Byres - 220 
Burgh Police (Scotland) Act, 1903 (Supply of Milk from Dis- 
eased Cows) ------- 223 

Public Health (Ireland) Act, 1878, Sections 103-106, 132-136 - 228 

The Local Government Board for Ireland, General Order - 231 
The Dairies, Cowsheds, and Milkshops (Ireland) Order of 

August, 1879 ------- 232 

The Sale of Food and Drugs Acts, 1875-1907 - - - 237 

Sale of Horseflesh, etc.. Regulation Act, 1889 - - - 342 

The Anthrax Order, 1899 ------ 345 

351 



ABBREVIATIONS USED IN CASES CITED 

SCOTCH REPORTS. 

I. Court of Session. 

D. Dunlop's (Second Series). 

R. Rettie's (Fourth Series, 1873-1898). 

F. Fraser's (Fifth Series, 1899-1906). 

S.C. Session Cases (Sixth Series, from 1906- 1907). 

R.(J.) Rettie's (Justiciary Cases). 

F.(J.) Fraser's (Justiciary Cases). 

S.C. (J.) Session Cases (Sixth Series, Justiciary Cases). 

S.L.T. Scots Law Times (Current). 

S.L.R. Scottish Law Reporter (Current). 

C. Couper's Justiciary Cases (1868-1885). 

W. White's Justiciary Cases, 1885-1893). 

A. Adam's Justiciary Cases (from 1893). 

IL Sheriff Court. 
S.L.Rev. Scottish Law Review (from 1885). 

ENGLISH REPORTS. 

L.R.Ex. Law Reports, Exchequer (Old Series). 

Ex.D. Exchequer Division (New Series). 

L.R.Q.B. Law Reports, Queen's Bench (Old Series). 

Q.B.D. Law Reports, Queen's Bench Division. 

Q.B. Law Reports, Queen's Bench (New Series). 

K.B. Law Reports, King's Bench (New Series). 

L.T. Law Times Reports. 

T.L.R. Times Law Reports. 

J. P. Justice of the Peace Cases. 

M. and S. Maule and Selwyn. 

R.R. Revised Reports. 

Camp. Campbell's Reports. 

B. and S. Best and Smith. 

L.G.R. Local Government Reports. 

Sol. J. Solicitors' Journal. 

L.J.M.C. Law Journal, Magistrates' Cases. 

W.R. Weekly Reporter. 

F. and F. Foster and Finlason. 

L. and C. Leigh and Cave. 

IRISH REPORTS. 

Ir.L.T. Law Times (Irish). -^ 

Ir.R. Irish Reports. 

352 



TABLE OF CASES CITED 



i'ac;f,s 



Anderson, Renfrew County Council v. (1899), i F.(J.), 48; 36 S.L.R. 

321 - - - - - - - - - 193 

Aitken, Fyfe v. (1895), 3 S.L.T., 89 - - - - - 244 

Alder, Parker v. (1899), i Q.B., 20 ; 79 L.T., 381 - - - 241 

Archer, Langlish v. (1882), 10 Q.B.D., 44 - - - - 169 

Armstead, Betts v. (1888), 20 Q.B.D., 771 ; 58 L.T., 811 - - 240 

Auld, Phillips v. (1892), 19 R.(J.), 29 ; 29 S.L.R., 299 - - - 188 

Ayr, Town Council of, Gibson v. (1892), 20 R. (J.), 47 ; 30S.L.R., 331 188, 189 

Bacon v. Callow Park Dairy Company, Limited (1902), 87 L.T., 70 ; 

18 T.L.R., 573 ----- - 273, 275 

Bagshaw, Brooks v. (1904), 2 K.B., 798 ----- 321 

Baillie Brothers, Bishop v. (1907), reported in Scotsman of July 26, 1907 252 
Bakewell v. Davis (1894), i Q.B., 296 ; 69 L.T., 832 - - - 293 

Banbury Urban Sanitary Authority v. Page (188 1), 8 Q.B.D., 97 - 169 

Banks v. Wooler (1900), 81 L.T., 785 - - - - - 247 

Barlow w. Noblett (1901), 2 K.B., 290; 84L.T., 719 . . - 294 

Barlow v. Terrett (1891), 2 Q.B., 107 ; 65 L.T., 148 - - - 181 

Barnes v. Chipp (1878), 3 Ex.D., 176 ; 38 L.T., 570 . - _ 260 

Barnes v. Rider (1892), 68 L.T., 447 ; 57 J. P., 473 . - _ 322 

Barstow, Peart v. (1880), 44 J. P., 699 - - - 259, 266, 294 

Bartholomew, Radcliffe v. (1892), i Q.B., 161 ; 65 L.T., Sj-j - - 322 

Bayley v. Cook (1905), 21 T.L.R., 235 ----- 294 

Bayley v. Pearks, Gunston, and Tee, Limited (1902), 87 L.T., 67 ; 

66 J. P., 790 ------ 301,317,330 

Beardsley w. Giddings (1904), i K.B., 847 . . - - 221 

Beardsley v. Walton and Company (1900), 2 Q.B., i ; 82 L.T., 

119- - - - - - - 238, 240, 250 

Bennett, Spiers and Pond v. (1896), 2 Q.B., 65 ; 74 L.T., 697 - - 255 

Bennett v. Tyler (1900), 81 L.T., 787 ; 64 J. P., 119 - - 238, 327 

Bent, Lee v. (1901), 2 K.B., 290 ; 84L.T., 719 - - - - 294 

Bent V. Ormerod (1901), 2 K.B., 290 ; 84 L.T., 719 - - 239, 294 

Bertram, Jones v. (1894), 58 J. P., 116 - - - - - 278 

Betts w. Armstead (1888), 20 Q.B.D., 771 ; 58 L.T., 811 - - 240 

Bick-i'ey, Small v. (1875), 32 L.T., 726 ; 39 J. P., 422 - 173, 180, 18S 

Birmingham Dairy Company, Parsons v. (1882), 9 Q.B.D., 172 ; 

=46 J. P., 727 -------- 260 

Bisciiop, Toler v. (1895), 71 L.T., 403 ; 60 J. P., 18 - - - 305 

Bishop Auckland Local Board v. Bishop Auckland Iron Company (1882), 

10 Q.B.D., 138 - - - - - - - 169 

Bishop, Great Western Railway Company v., L.R., 7 Q.B., 550 - 169 

Bishop V. Baillie Brothers (1907), reported in Scotsman of July 26, 1907 252 
Birkenhead, Bater and Mayor, etc., of (1893), 3 Q-B., jj ; 69 L.T., 220 181 
Blaker v. Tillstone (1S94), i Q.B., 345 ; 70 L.T., 31 - - - 181 



354 TABLE OF CASES CITED 

PAGES 

Bishop, Great Western Railway Company v. (1872), L.R. 7 Q.B., 550 - 
Blound, R. v., 43 J.P., 383 - - - - - 173- 181 

Board of Trade, Simpson i;. (1892), 19 R. (J.), 66 - - - - 285 

Boots, Cash Chemists (Southern), Limited, v. Cowhng (1903), 67 J. P., 

195 ; 19 T.L.R., 370 - - - - - - 249 

Bosomworth v. Bridge (1902), 36 Sol. J., 594 - - - . 250 

Boughtwood, Pain v. (1S90), 24 Q.B.D., 353 ; 62 L.T., 284 - - 254 

Bowers, Knight v. (1885), 14 Q.B.D., 845 ; 53 L.T., 234 - - 244 

Braid v. Swan and Sons, Limited (1903), 5 F., 579 ; 40 S.L.R., 426 ; 

10 S.L.T., 721 ----- - 188, 268 

Bremridge, Gardner v. (1901), 3 F.(J.), 46 - - - - 285 

Bridge v. Howard (1897), i Q.B., 80 ; 75 L.T., 300 - _ . _ 294 

Bridge, Bosomworth v. (1902), 36 Sol. J., 594 - - - - 250 

Bridge, Hudson v. (1903), 67 J. P., 186 ; 19 T.L.R., 369 - - 294 

Bridge, Smithies v. (1902), 2 K.B., 13 ; 87 L.T., 167 - - - 245 

Brighouse, Mayor, etc., of, Walshaw v. (1899), 2 Q.B., 86 ; 81 L.T., 2 - 181 
Brooks V. Bagshaw (1904), 2 K.B., 798 ----- 321 

Brown v. Foot (1892), 61 L.J.M.C, no ; 66 L.T., 649 - - - 241 

Brown, Wheat v. (1892), i Q.B., 418 ; 66 L.T., 464 - - _ 304 

Buckler v. Wilson (1896), i Q.B., 83 ; 73 L.T., 580 258, 259, 260, 266, 268 
Burns v. Williamson (1897), 24 R.(J.), 58 ; 2 A., 308 - - - 322 

Burton v. Mattinson (1902), 86 L.T., 770 ; 66 J. P., 628 - - 245, 301 

Butler, Connor w. (1902), 2 Ir.R., 569 _ _ - - 259, 312 

Bywater, White v. (1887), 19 Q.B.D., 582 ; 51 J. P., 821 - - 249 

Cairns v. Ferguson (1886), 13 R.(J.), 83 - - - - 188, 189 

Cairns v. Linton (1889), 16 R.(J.), 81 - - - - 189, 191 

Callow Park Dairy Company, Limited, Bacon v. (1902), 87 L.T., 70 ; 

18 T.L.R., 573 ----- - 273, 27s 

Callow Park Dairy Company, Limited, Irving v. (1902), 87 L.T., 70 275, 324 
Case V. Storey (1869), L.R. 4 Ex., 319 - - - - . 169 

Carr, Mallinson v. (1891), i Q.B., 48 ; 55 J. P., 270 - _ _ igi 

Cave, McNair u. (1903), i K.B., 24; 87 L.T., 680 - - - 296 

Chipp, Barnes v. (1878), 3 Ex.D., 176 ; 38 L.T., 570 - - - 260 

Coates, Kirk?;. (1885), 16 Q.B.D., 49 ; 54 L.T., 178 - - - 243 

Cochrane, Todd v. (1901), 3 A., 357 ; 38 S.L.R., 801 - - - 269 

Cohen and Van der Laan, Hart v. (1902), 4 F., 445 - - 317. 332 

Cole, Hale w. (1891), S5 J-P-> 376 _ _ _ . . 259 

CoUett V. Walker (1895), 64 L.J.M.C, 267 ; 59 J. P., 600 - - -242-3 

Colquhoun v. Magistrates of Dumbarton (1907), S.C.(J.), 57 ; 14 S.L.T., 

847 - - - - - - - - - 290 

Connor v. Butler (1902), 2 Ir.R., 569 - - - - 259, 312 

Cook, Bayley w. (1905), 21 T.L.R., 235 ----- 294 

Cook V. White (1896), I Q.B., 284 ; 74L.T., 53 - - - - 322 

Corbett, Morris v. (1892), 56 J. P., 649 ----- 254 

Couper V. Lang (1889), 17 R.(J.), 15 - - - - - 189 

Cowdary, Mason v. (1900), 2 Q.B., 419 ; 82 L.T., 802 - - - 261 

Cowling, Boots Cash Chemists (Southern), Limited, v. (1903), 67 J.P.,-- 

19s ; 19 T.L.R., 370 - - - - - - 249 

Crabtree v. Skelton (1901), 70 L.J.K.B., 560 - - - - 318 

Crane v. Lawrence (1890), 25 Q.B.D., 152 ; 63 L.T., 197 - - 304 

Crawford v. Harding (1906), 14 S.L.T., 422 - . - 261, 297 

Curtis V. Embery (1872), 7 Ex., 369 ----- 169 

Daly V. Webb, 4 Ir.R.C.L., 309 - - - - - - 180 

Dargie y. Dunbar (1884), 11 R.(J.), 37 - - - - - 270 



i 



TABLE OF CASES CITED 355 

PAGES 

Davidson y. McLeod (1877), 5 R.(J.), i ; 3 C, 511 - 241, 244, 295 

Davies and Rhondda Urban District Council, 80 L.T., 696 - - 181 

Davies, Jones v. (1893), 69 L.T., 497 ; 57 J. P., 808 - . . 255 

Davis, Bakewell v. (1894), i Q.B., 296 ; 69 L.T., 832 - - - 293 

Dawes v. Wilkinson (1906), 23 T.L.R., 34 - - - - 243 

Derbyshire v. Houliston (1897), i Q-B., 772 ; 76 L.T., 624 - 280, 325 

Devenish, Neal w. (1894), i Q.B., 554; 70 L.T?., 628 - _ . ^22 
Dickins v. Randerson (1901), i K.B., 437 ; 84 L.T., 204 ; 17 T.L.R., 

224 - - - - - - - 238, 249, 250 

Dixon, R. V. (1814), 3 M. and S., 11 ; 4 Camp., 12 ; 15 R.R., 381 - 239 

Dixon V. Wells (1890), 25 Q.B.D., 249 ; 62 L.T., 812 - - - 322 

Douglas, Duke of Sutherland v. (1907), 15 S.L.T., 327 - - - 289 

Draper v. Spearing, 30 L.J.M.C., 225 - - . . . 172 
Dumbarton, Magistrates of, Colquhoun w. (1907), S.C. (J.), 57; 14S.L.T., 

847 - - - - - - - - - - 290 

Dunbar, Dargie w. (1884), 11 R.(J.), 37 - - - - - 270 

Dunbar, Semple v. (1904), 6 F.(J.), 65 ; 12 S.L.T., 253 - - - 297 
Duncan, Flockhart and Powell, Robertson v., reported in vol. Ixxvi. of 

Pharmaceutical Journal for 1906 ----- 249 

Dunlop y. Goudie (1895), 22 R.(J.), 34 ; i A., 554 - - - 033 

Dyball, Tanner v. (1906), 94 L.T.R., 539 ; 120 L.T. J., 567 - - 302 

Dyke v. Gower (1892), i Q.B., 220 ; 65 L.T., 760 - - . 254 

Edgely, Otter u. (1893), 57 J.P., 457 - . . . 251,253 

Elder v. Smithson (1893), 57 J. P., 809 ----- 273 
Elliot V. Pilcher (1901), 2 K.B., 817 ; 85 L.T., 50 - - 273, 275 

Elsey, Gage v. (1883), 10 Q.B.D., 518 ; 48 L.T., 226 - - 242, 299 

Embery, Curtis v. (1872), 7 Ex., 369 ----- 169 
Enniskillen Union (Guardians) v. Milliard (1884), 14 L.R.(Ir.), 214 - 260 
Esam, Garforth v. (1892), 56 J. P., 521 ----- 259 
Evans v. Weatheritt (1905), 2 K.B., 80 - - - - - 277 

Evington, Filshie v. (1892), 2 Q.B., 200 ; 66 L.T., 199 - - - 296 

Farley v. Higginbotham (189S), 42 Sol. J., 309 ; 104 L.T. J., 

410 ------- 241, 259, 265 

Farmers and Cleveland Dairy Company v. Stevenson (1890), 6t, L.T., 

776; 55 J. P., 407 - - - - - - - 273 

Farthing v. Parkinson (1904), 90 L.T., 783 - - - - 324 

Fecitt w. Walsh (1891), 2 Q.B., 304 ; 65 L.T., 82 - - - 254,298 

Ferguson, Cairns v. (1886), 13 R.(J.), 83 - - - - 188, 189 

Field, R. y. (1895), 64 L.J. M.C., 158 - - - - - 244 

Filshie v. Evington (1892), 2 Q.B., 200 ; 66 L.T., 199 - - . - 296 

Findley v. Haas (1903), 99 L.T., 465 ; 19 T.L.R., 353 - - - 293- 

Fitzgerald v. Leonard (1893), 32 Ir.R., 675 - - . - 306 

Foot, Brown v. (1892), 61 L.J.M.C, no ; 66 L.T., 649 - - - 241 

Fortune z;. Hanson (1896), i Q.B., 202 ; 74 L.T., 145 - - - 293 

Fowle V. Fowle (1896), 75 L.T., 514; 60 J. P., 758 - _ - 238 

Freestone, ex parte, 25 L.J.M.C, 121 ----- 169 

Frew V. Gunning (1901), 3 F.(J.), 51 ; 38 S.L.R., 555 ; 3 A., 339 - 243 

Frew y. Morris (1897), 24 R. (J.), 50 ; 34 S.L.R., 527 - - - 322 

Friend v. Maap (1904), 68 J. P., 589 ; 2 L.G.R., 1317 - - - 245 

Fyfe V. Aitken (1895), 3 S.L.T., 89 - - - - - 244 

Fyfe V. Hamilton (1894), i A., 484 - - . . 269, 270 

Fyfe V. McLaughlin (1893), 30 S.L.R., 899 ; i A., 74 - - 305, 316 

Fyfe, Gibson v. (1S95), 2 S.L.T., 579 - - - - 253, 269 

Fyfe, Morton y. (1896), 24 R.(J.), 9 ; 2 A., 174 - - - 260,298 

23—2 



356 TABLE OF CASES CITED 

I'AGES 

Gage V. Elsey (1883), 10 Q.B.D., 518 ; 48 L.T., 226 - - 242, 299 

Gamble, Hewson v. (1892), 56 J. P., 534 - - - - - 265 

Gardner y. Bremridge (1901), 3 F. (J.), 46 - - . _ 285 

Gardner, World's Tea Company v. (1895), 59 J-P-. 3S8 - 305, 306, 316 

Garforth v. Esam (1892), 56 J. P., 521 ----- 259 

Giddings, Beardsley v. (1904), i K.B., 847 . _ - _ ^21 

Gibson v. Fyfe (1895), 2 S.L.R., 579 - - - - 253, 269 

Gibson v. Town Council of Ayr (1892), 20 R.(J.). 47 ; 3° S.L.T., 331 188, 189 
Goudie, Dunlop v. (1895), 22 R.(J.), 34 ; i A., 554 - - - 323 

Goulder v. Rook (1901), 2 K.B., 290 ; 84 L.T., 719 - 239, 240, 294 

Gower, Dyke v. (1892), i Q.B., 220 ; 65 L.T., 760 - . - 254 

Grattridge, Young v. (1868), L.R. ; 4 Q.B., 166 ; 38 L.J.M.C, 67 ; 

33 J. P., 260 -------- 180 

Great Western Railway Company v. Bishop (1872), L.R. ; 7 Q.B., 550 - 169 
Green, Morton v. (1881), 8 R.(J.), 36 ; 4 Couper, 437 - - - 244 

Grist, Summers v. (1896), 60 J. P., 346 ----- 239 

Gunning, Frew w. (1901), 3 F.(J.), 51 ; 38 S.L.R., 555 ; 3 A., 339 - 243 

Haas, Findley v. (1903), 99 L.T., 465 ; 19 T.L.R., 353 - - 293 

Hack, Payne v. (1894), 58 J. P., 165 _ _ _ - 264, 265 

Hale f. Cole (1891), 55 J. P., 376- . _ - - . 259 

Hall, Higgins v. (1886), 51 J. P., 293 ----- 242 

Hall, Rouch v. (1880), 6 Q.B.D., 17 ; 45 J. P., 220 - - 260, 298 

Hallard, Lowery v. (1906), i K.B., 398 ; 22 T.L.R., 186 - - 262 

Hamilton, Fyfe v. (1894), i A., 484 - - - - 269, 270 

Hamilton v. Morrison (1903), 5 F.(J.), 80 - - - 244, 322 

Hanson, Fortunes. (1896), i Q.B., 202 ; 74 L.T., 145 - - - 293 

Harding, Crawford v. (1906), 14 S.L.T., 422 - - - 261, 297 

Harris v. May (1883), 12 Q.B.D., 97 ; 48 J. P., 261 - - - 272 

Harris, Robertson v. (1900), 2 Q.B., 117 ; 82 L.T., 536 - - - 275 

Harris v. Williams (1889), 6 T.L.R., 47 - - - 260, 296, 298 

Harrison v. Richards (1881), 45 J. P., 552 _ . - - 268 

Hart V. Cohen and Van der Laan (1902), 4 F., 445 - - 317, 332 

Hawkins v. Williams (1895), 59 J-P-. 533 - - 272, 274, 324 

Hayes v. Rule and Law (1902), 87 L.T., 133 ; 18 T.L.R., 535 - - 242 

Hemingway, Rendell w. (1898), 14 T. L.R. , 456 - - - - 181 

Hennen v. Long (1904), 90 L.T., 387 ; 68 J. P., 237 - - - 279 

Hennen v. Southern Counties Dairy Company, Limited (1902), 2 K.B. 

I ; 87 L.T., 51- - - - - - 239, 240 

Henderson, Pentland v. (1855), 17 D., 542 - - - - jp2 

Hewitt V. Taylor (1896), i Q.B., 287 ; 74 L.T., 51 - - - 269 

Hewson v. Gamble (1892), 56 J. P., 534 ----- 265 

Heywood y. Whitehead (1898), 76 L.T., 781 - - - . 243 

Hiett u. Ward (1894), 70 L.T., 374; 58 J.P., 461 - - - 298 

Higginbotham, Farley w. (1898), 42 Sol. J., 309; 104 L.T.J. , 410 241,259,265 
Higgins V. Hall (1886), 51 J. P., 293 ----- 242 

Hilliard, Enniskillen Union (Guardians) v. (1884), 14 L.R. (Ir.), 214 - 260 
Hindmarsh, Hotchin v. (1891), 2 Q.B., 181 ; 65 L.T., 149 241, 278, 324 

Hitchman, Hoyle v. (1879), 4 Q.B.D., 233 ; 40 L.T., 252 - 241, 295 

Holt V. Morris (1893), 57 J-P-. 44i ----- 296 

Hopley, Rook v. (1878), 3 Ex.D., 209 ; 38 L.T., 649 _ - - 273 

Horan, McNair v. (1904), 91 L.T., 555 ; 68 J. P., 518 - - - 304 

Horder v. Meddings (1880), 44 J. P., 234 ----- 251 

Horder v. Scott (1880), 5 Q.B.D., 552 ; 42 L.T., 660 - '- 243, 259 

Horsnell, Hull v. (1904), 21 T.L.R., 32 - - - - - 239 

Hotchin v. Hindmarsh (1891), 2 Q.B., 181 ; 65 L.T., 149 -241, 278, 324 



889; 




242, 


252 


- 


238 


28o, 


32s 


- 


294 


241, 


295 


- 


294 


- 


239 


293. 


294 


■^, 270, 


315 

24.A 



TABLE OF CASES CITED 357 

Houghton, Pearks, Gunston, and Tee, Limited, v. (1902), i K.B. 

86L.T., 32s - 
Houghton V. Taplin (1897), 13 T.L.R., 386 - - - 

Houliston, Derbyshire v. (1897), i Q.B., 772 ; j6 L.T., 624 
Howard, Bridge v. (1897), i Q-B., 80 ; 75 L.T., 300 
Hoyle V. Hitchman (1879), 4 Q.B.D., 233 ; 40 L.T., 252 
Hudson w. Bridge (1903), 67 J. P., 186 ; 19 T.L.R., 369 - 
Hull V. Horsnell (1904), 21 T.L.R., 32 - 

Hunter v. Wintrup (1904), 7 F. (J.), 22 - - - 

Hutchison v. Stevenson (1902), 4 F. (J.), 69 ; 3 A., 651 - -26 

Hutton, Lindsay v. (1894), i S.L.T., 454 - - - - 

lorns V. Van Tromp (1895), 64 L.J.M.C., 171 ; 72 L.T., 499 ; 59 J. P., 

246 -------- 2y^ ,274 

Irving V. Callow Park Dairy Company, Limited (1902), 87 L.T., 70 275, 324 

Jackson, McQueen v. (1903), 2 K.B., 163 ; 88 L.T., 871 - - - 323 

Jackson, Sandys v. (1905), 69 J. P., 171 ; 92 L.T., 646 - - - 243- 

James v. Jones (1894), i Q.B., 304 ; 58 J. P., 230 - - 238, 327 

Johnson, Morris v. (1890), 54 J. P., 612 ----- 242 

Johnstone, Warnock w. (1881), 8 R.(J.). 55 - - - 247, 250 

Jones V. Bertram (1894), 58 J. P., 116 - - - - - 278. 

Jones V. Davies (1893), 69 L.T., 497 ; 57 J. P., 80S - - . 255 
Jones, James v. (1894), i Q.B., 304 ; 58 J. P., 230 - - 238, 327 
Jones V. Jones (1894), 58 J. P., 653 - - - - 252, 253 

Jones, Keeloma Dairy Company y. (1906), 22 T.L.R., 535 - - 302 

Kearley v. Tonge (or Tyler) (1891), 60 L.J.M.C., 150 ; 65 L.T., 261 - 241 

Keeloma Dairy Company v. Jones (1906), 22 T.L.R., 535 - - 302 
Kelly V. J. and J. Lonsdale and Company, Limited (1906), 22 T.L.R., 

65s - - - - - - - - 311. 325 

Kelso, Massey y. (1902), 4 F.(J.), 73 - - - - - 259 

Kennedy, Leith L. A. v., Scotsman, November 25, 1903 - - 191 

Kerr, Soutar v. (1907), S.C.(J.), 49 ; 14 S.L.T., 875 - - . 264 

Kingham and Son, Limited, Tyler v. (1900), 2 Q.B., 413 ; 83 L.T., 169 268 

Kirk V. Coates (1885), 16 Q.B.D., 49 ; 54 L.T., 178 - - - 243 

Knight V. Bowers (1885), 14 Q.B.D., 845 ; 53 L.T., 234 - - - 244 
Knight, Pearks, Gunston, and Tee, Limited, v. (1901), 2 K.B., S25 ; 

85 L.T., 379 ------- 247 

Knight, Webb v. (1876), 2 Q.B.D., 530; L.T. 791 - - . - 299 

Laidlaw v. Wilson (1894), i Q.B., 74 ; 42 W.R., 78 - - - 273 

Lang, Couper w. (1889), 17 R. (J.), 15 - - - - - 189 

Langlish v. Archer (1882), 10 Q.B.D., 44 . . _ . 169 

Lawrence, Crane v. (1890), 25 Q.B.D., 152 ; 63 L.T., 197 - - 304 

Leach, Moody w., 44 J. P., 459 - - - - - 173, 180 

Lean, Souter v. (1903), 6 F.(J.), 20 ; 41 S.L.R., 192 - - - 243 

Lee V. Bent (1901), 2 K.B., 290 ; 84 L.T., 719 - - - - 294 

Leeming, Roberts v. (1905), 69 J. P., 417 ; 3 L.G.R., 1031 - - 245 

Leith, L. A., v. Kennedy, Scotsman, November 25, 1903 - - 191 

Leicester Guardians, R. v. (1899), 2 Q.B., 632 ; 81 L.T., 559 - - 313 

Lemon, Oatley v. (1905), 92 L.T., 200 ; 69 J. P., 163 - - - 325 

Leonard, Fitzgerald v. (1893), 32 Ir.R., 675 - - _ - 306 

Lewis, Southend v., 45 J. P., 206 ------ 170 

Liddiard y. Reece (1880), 44 J.P., 233 ----- 251 

Lindsay v. Hutton (1894), i S.L.T., 454 ----- 244 



358 TABLE OF CASES CITED 

PAGES 

Lindsay v. Low and Company (1902), 4 F. (J.), 45 - - - 268 

Lindsay v. Rook (1894), 10 T.L.R., 643 ----- 274 

Linton, Walker v. (1892), 20 R. (J.), i - - - - - 191 

Linton, Cairns z;. (1889), 16 R. (J.), 81 - - - - 189, 191 

Long, Hennen v. (1904), 90 L.T., 387 ; 68 J. P., 237 - - - 279 

Lonsdale, J. and J., and Company, Limited, Kelly v. (1906), 22 T.L.R., 

655 - - - - - - - - 311. 325 

Low and Company, Lindsay v. (1902), 4 F. (J.), 45 - - - 268 

Lowery v. Hallard (1906), i K.B., 398 ; 22 T.L.R., 186 - - 262 

Lush V. Wilson (1890), 54 J. P., 73 - - - - - 297 

Maap, Friend v. (1904), 68 J. P., 589 ; 2 L.G.R., 1317 - - - 245 

Magowan, Todd v. (1905), 7 F.(J.), 50 - - - - - 284 

Maguire, Porter v. (1905), 2 Ir.R., 147 - - - - • 304 

Mallinson v. Carr (1891), i Q.B., 48 ; 55 J. P., 270 - - - 181 

Malton Board of Health v. Malton Manure Company (1879), 4 Ex.D., 302 169 
Manners v. Tyler (1902), i K.B., 901 ; 86 L.T., 716 _ - - 325 

Marberth Sanitary Authority, Williams v. Times (December 7, 1882) - 181 
Margate Pier and Harbour Company v. Margate Local Board, 20 L.T., 

564 - - - - - - - - - 172 

Markham, Sandys, v. (1887), 41 J. P., 52 - _ - - 250 

Mason v. Cowd.iry (1900), 2 Q.B., 419 ; 82 L.T., 802 - - - 261 

Massey w. Kelso (1902), 4 F.(J.), 73 - - - - - 259 

Mattinson, Burton v. (1902), 86 L.T., 770 ; 66 J. P., 628 - - 245, 301 

May, Harris v. (1883), 12 Q.B.D., 97; 48 J. P., 261 - - - 272 

Meddings, Horder z;. (1880), 44 J.P., 234- - - - - 251 

Mitchell, Ogilvy w. (1903), 5 F. (J.), 92 ----- 190 

Miner, Somerset v. (1890), 54 J. P., 614 - - - - - - 260 

Moody V. Leach, 44 J. P., 459 ----- 173, 180 

Moore v. Pearce's Dining and Refreshment Rooms, Limited (1895), 

2 Q.B., 657 ; 73 L.T., 400 - - - - - - 304 

Morris v. Corbett (1892), 56 J. P., 649 ----- 254 

Morris, Frew w. (1897), 24 R.(J.), 50; 34 S.L.R., 527 - - - 322 

Morris, Holt v. (1893), 57 J-P-. 441 - - - - - 296 

Morris v. Johnson (1890), 54 J. P., 612 ----- 242 

Morrison, Hamilton v. (1903), 5 F.(J.), 80 - - - 244, 322 

Morton v. Fyfe (1896), 24 R.(J.), 9 ," 2 A., 174 - - - 260, 298 

Morton v. Green (1881), 8 R.(J.), 36 ; 4 Couper, 437 - - - 244 

Motion?;. McGinnes (1907), 15 S.L.T., 276 - - - - 289 

Macaulay v. MacKirdy (1893), 20 R.(J.)> S8 ; 3 White's Rep. (Sc), 

464 - - - - - - - - 243, 259 

McCracken, McMurdo w. (1907), S.C.(J.), I - - - , - 286 

McCuUoch, Wolfenden v. (1905), 92 L.T., 857; 21 T.L.R., 411 - - 246 

McCutcheon, Wilson v. (1902), 40 S.L.R., 31 ; 4 A., 34 - - - 248 

McGinnes, Motion i;. (1907), 15 S.L.T., 276 - - - - 289 

McGrath, McHugh w. (1894), 2 Ir.R., 71 - - - - - 264 

McHugh V. McGrath (1894), 2 Ir.R., 71 - - - - - 264 

McKendrick, MacKirdy t;. (1897), 25 R. (J.), 49 ; 2 A., 435 249, 279, 280, 284 
MacKirdy, Macaulay v. (1893), 20 R.(J.), 58 ; 3 White's Rep. (Sc), 

464 - - - - - - . - - 243, 259 

MacKirdy v. McKendrick (1897), 25 R.(J.), 49 ; 2 A., 435 249, 279, 280, 284 
McLaughlin, Fyfe v. (1893), 3° S.L.R., 899 ; i A., 74 - - 305, 316 

McLaughlin, Wilson v. (1907), S.C.(J.), 61 ; 44 S.L.R., 469 ; 14 S.L.T., 

850 ------- 258, 266, 287, 322 

McLeod, Davidson v. (1877), s R.(J.), i ; 3 C, 511 - -241, 244, 295 

McLeodi;. O'Neill (1882), 9R.(J.), 32 - - - . 244,269 



TABLE OF CASES CITED 359 

PAGES 

McMurdo z;. McCracken (1907), S.C.(J.), I . - - - 286 

McNair v. Cave (1903), i K.B., 24; 87 L.T., 680 - - - 296 

McNair v. Horan (1904), 91 L.T., 555 ; 68 J. P., 518 - - - 304 

McNair, Parkinson v. (1905), 69 J. P., 399 ; 93 L.T., 553 - - 305 

McQueen v. Jackson (1903), 2 K.B., 163 ; 88 L.T., 871 - - - 323 

Neal V. Devenish (1894), i Q.B., 544; 70 L.T., 628 ; 10 T.L.R., 313 - 322 

Neilson y. Parkhill (1892), 20 R.(J.), 24 - - - - - 189 

Newby w. Sims (1894), i Q.B., 478 ; 70 L.T., 105 - - - 293 

Noblett, Barlow y. (1901), 2 K.B., 290; 84 L.T., 719 - - - 294 

Oatlev V. Lemon (1905), 92 L.T., 200 ; 69 J. P., 163 - - - 325 

Ogilvv i;. Mitcliell (1903), 5 F.(J.), 92 - - - - - 190 

O'Neill, McLeod w. (1882), 9 R.(J.), 32 - - - - 244,269 

Ormerod^Bent v. (1901), 2 K.B., 290; 84 L.T., 719 - - 239, 294 

Ormerod v. Mayor, etc., of Rochdale, 62 J. P., 153 _ - - 180 

Otter V. Edgely (1893), 57 J-P-. 457 - - " " 251, 253 

Page, Banbury Urban Sanitary Authority v. (1881), 8 Q.B.D., 97 - 169 

Pain V. Boughtwood (1890), 24 Q.B.D., 353 ; 62 L.T., 284 - - 254 

Palmer v. Tyler (1897), 61 J. P., 389 - - - - - 242 

Parker v. Alder (1899), i Q.B., 20; 79 L.T., 381 - - - 241 

Parker, Suckling v. (1906), 22 T.L.R., 357 - - - 262, 270 

Parkhill, Neilson v. (1892), 20 R.(J.), 24 - - - - 189 

Parkinson, Farthing v. (1904), 90 L.T., 783 _ _ - - 324 

Parkinson v. McNair (1905), 69 J. P., 399 ; 93 L.T., 553 - - 305 

Parsons v. Birmingham Dairy Company (1882), 9 Q.B.D., 172 ; 46 J. P., 

727 --------- 260 

Pashler v. Stevenitt (1876), 35 L.T., 862 ; 41 J. P., 136 - - - 299 

Paton V. Wood (1899), i F.(J.), 38 ; 36 S.L.R., 314 - - " ^93 

Payne y. Hack (1894), 58 J. P., 165 - - - - 264,265 

Pearce's Dining and Refreshment Rooms, Limited, Moore v. (1895), 

2 Q.B., 657 ; 73 L.T., 400 - - - - - - 304 

Pearks, Gunston, and Tee, Limited, Bayley v. (1902), 87 L.T., 67 ; 

66 J. P., 790 - - - - - - 301. 3i7> 330 

Pearks, Gunston, and Tee, Limited, v. Houghton (1902), i K.B., 889 ; 

86 L.T., 325 - - - - - - - 242, 252 

Pearks, Gunston, and Tee, Limited, v. Knight (1901), 2 K.B., 825 ; 

85 L.T., 379 - - - - - - - - 247 

Pearks, Gunston, and Tee, Limited, v. Richardson (1902), i K.B., 91 ; 

66 J. P., 119 - - - - - - - - 267 

Pearks, Gunston, and Tee, Limited, Robertson v. (1902), 66 J. P., 42 - 252 
Pearks, Gunston, and Tee, Limited, v. Van Tromp (1901), 2 K.B., 825 ; 

8s L.T., 379 - - - - - - - - 247 

Pearks, Gunston, and Tee, Limited, v. Ward (1902), 2 K.B., i ; 

87L.T.,si ------ 239,240,242 

Peart v. Barstow (1880), 44 J. P., 699 - - - 259, 266, 294 

Pentland v. Henderson (1855), i F.D., 542 - - - - 192 

Perry and Company, Roose v. (1900), 44 Sol. J., 503 - - - 3°^ 

Petchey v. Taylor (1898), 62 J. P., 360; 78 L.T., 501 - - - 2SS 

Phelan v. Rorke (1883), 17 Ir.L.T., 649 - - - - - 297 

Phillips V. Auld (1892), 19 R.(J.), 29 ; 29 S.L.R., 299 - - - 188 

Pilcher, Elliot?;. (1901), 2 K.B., 817 ; 8s L.T., 50 - - 273,275 

Piatt V. Tyler (1894), 58 J. P., 71 - - - - - 255 

Playle, Wilson w. (1903), 88 L.T., SS4; 67 J. P., 263 -^ - - 275 



36o TABLE OF CASES CITED 

PAGES 

Pomfret Brothers, Whitaker v. (1902), i K.B., 661 ; 86 L.T., 420 - 322 

Porter, Maguire v. (1905), 2 Ir.R., 147 ----- 304 
Procter, Simpson v. (1896), 23 R.(J.), 22 ; 3 S.L.T., 369 - - - 192 

R. V. Blound, 43 J. P., 383 _ - . - _ 173^ 181 

R. V. Dixon (1814), 3 M. and S., 11 ; 4 Camp., 12 ; 15 R.R., 381 - 239 

R. w. Field (1895), 64 LJ.M.C, 158 - - - - - 244 

R. V. Leicester Guardians (1899), 2 Q.B., 632 ; 81 L.T., 559 - - 313 

R. V. Smith (1896), i Q.B., 596 ; 74 L.T., 348 - - 268, 280, 325 

R. V. Stevenson, 3 F. and F., 106 _ . - _ . 173 

R. V. Thallman, L. and C, 326 ------ 169 

R. V. Wakefield (1890), 54 J. P., 148 - - - - - 322 

R. w. Wellard (1884), 14Q.B.D., 63 - - - - - 169 

Radcliffe v. Bartholomew (1892), i Q.B., 161 ; 65 L.T., 677 - - 322 

Randerson, Dickins v. (1901), i K.B., 437; 84 L.T., 204; 17 T.L.R., 

224 ------- 238, 249, 250 

Redfern, White v. (1879), 5 Q.B.D., 15 ; 49 L.J.M.C, 19 ; 41 L.T., 524 ; 

28 W.R., 168 ; 44 J. P., 87 - - - - - 180, 181 

Reece, Liddiard w. (1880), 44 J.P., 233 ----- 251 
Rendell y. Hemingway (1898), 14 T.L.R., 456 - - - - 181 

Renfrew County Council v. Anderson (1899), i F.J., 48 ; 36 S.L.R., 321 193 
Rhodes, Sandys v. (1903), 67 J. P., 352 - - - - 244, 252 

Richards, Harrison v. (1881), 45 J. P., 552 - _ - - 268 

Richardson, Pearks, Gunston, and Tee, Limited, v. (1902), i K.B., 91 ; 

66 J. P., 119 -------- 267 

Rider, Barnes v. (1892), 68 L.T., 447 ; 57 J. P., 473 - - - 322 

Roberts v. Leeming (1905), 69 J. P., 417 ; 3 L.G.R., 1031 - - 245 

Robertson v. Duncan, Flockhart and Powell (1906), reported in 

vol. Ixxvi. of Pharmaceutical Journal for 1906 _ - - 249 

Robertson v. Harris (1900), 2 Q.B., 117 ; 82 L.T., 536 - - - 275 

Robertson v. Pearks, Gunston, and Tee, Limited (1902), 66 J. P., 42 - 252 
Robinson, Short v. (1899), 68 L.J.Q.B., 352 ; 80 L.T., 261 - - 250 

Rochdale, Mayor, etc., of, Ormerod v., 62 J. P., 153 - - - 180 

Rolfe V. Thompson (1892), 2 Q.B., 196 ; 67 L.T., 295 - 260, 296, 298 

Rook, Goulder v. (1901), 2 K.B., 290 ; 84 L.T., 719 - 239, 240, 294 

Rook V. Hopley (1878), 3 Ex.D., 209 ; 38 L.T., 649 - _ - 272 

Rook, Lindsay w. (1894), 10 T.L.R., 643 - .... 274 

Roose V. Perry and Company (1900), 44 Sol.J., 503 ... 301 

Rorke, Phelan v. (1883), 17 Ir.L.T., 649 ----- 297 
Rouch V. Hall (1880), 6 Q.B.D., 17 ; 45 J. P., 220 - - 260, 298 

Rule and Law, Hayes v. (1902), 87 L.T., 133 ; 18 T.L.R., 535 - - 242 

Sadler, Sanders v. (1906), 23 T.L.R., 11 - - - - 278, 297 

Sandys v. Jackson (1905), 69 J. P., 171 ; 92 L.T., 646 - - - 243 

Sandys v. Markham (1877), 41 J. P., 52 - - - - - 250 

Sandys v. Rhodes (1903), 67 J. P., 352 - - - - 244, 252 

Sandys v. Small (1878), 3 Q.B.D., 449 ; 39 L.T., 118 - - 241-2, 299 

Savage, Smith v. (1905), i K.B., 88 ; 21 T.L.R., 424 - - - 261 

Scarborough, Mayor of, v. R.S.A. of Scarborough (1876), i Ex.D., 344 - 172 

Scott, Horder v. (1880), 5 Q.B.D., 552 ; 42 L.T., 660 - - 243, 259 

Scott, Thomsons. (1901), 3 F.(J.), 79 - - - - - 286 

Semple v. Dunbar (1904), 6 F.(J.), 65 ; 12 S.L.T., 253 - - - 297 

Shilleto y. Thompson (1875), i Q.B.D., 12 - - - - 173 

Short w. Robinson (1899), 68 L.J. Q.B., 352 ; 80 L.T., 261 ■ ■ 250 

Shortt V. Smith (1895), 11 T.L.R., 325 ; 59 J. P., 213 - - 238, 327 



TABLE OF CASES CITED 361 

PAGES 

Simpson v. Board of Trade (1892), 19 R.(J.). 66 - - - - 285 

Simpson v. Procter (1896), 23 R.(j.), 22 ; 3 S.L.T., 369 - - - 192 

Sims, Newby w. (1894), i Q.B., 478 ; 70L.T., 105 - _ _ 293 

Skelton, Crabtree v. (1901), 70 L.J.K.B., 560 - - - - 318 

Skinner v. Usher (1872), L.R. ; 7 Q.B., 423 - - - . 169 

Small, Sandys v. (1878), 3 Q.B.D., 449 ; 39 L.T., 118 - - 241-2, 299 

Small V. Bickley (1875), 32 L.T., 726 ; 39 J. P., 422 - - 173, 180, 188 

Smart and Son v. Watts (1895), i Q.B., 219 ; 71 L.T., 768 -2i;9, 261, 266 
Smith, R. V. (1896), i Q.B., 596 ; 74L.T., 348 - - -268, 280, 325 

Smith, Shortt v. (1895), 11 T.L.R., 325 ; 59 J. P., 213 - - 238, 327 

Smith V. Savage (1905), i K.B., 88 ; 21 T.L.R., 424 - - - 261 

Smith f. Stace (1881), 45 J.P., 141 - - - - 243,259 

Smith V. Wisden (1901), 85 L.T., 760 - - - - 241, 248 

Smithies v. Bridge (1902), 2 K.B., 13 ; 87 L.T., 167 - _ - 245 

Smithsorvr Elder v. (1893), 57 J-P-. 809 ----- 273 

Sneath v. Taylor (1901), 2 K.B., ^jG ; 65 J. P., 548 - - - 293 

Somerset v. Miller (1890), 54 J. P., 614 ----- 260 

Soutar V. Kerr (1907), S.C. (J.), 49 ; 14 S.L.T., 875 - - - 264 

Souter V. Lean (1903), 6 F.(J.), 20 ; 41 S.L.R., 192 - - - 243 

Southend v. Lewis, 45 J. P., 206 ------ 170 

Southern Counties Dairies Company, Limited, Hennen v. (1902), 2 K.B., 

I ; 87 L.T., 51 - - - - - - 239, 240 

Speering, Draper v., 30 L.J.M.C, 225 - - - - - 172 

Spiers and Pond v. Bennett (1896), 2 Q.B., 65 ; 74 L.T., 697 - - 255 

Stace, Smith v. (1881), 45 J. P., 141 - - - - 243, 259 

Stevenitt, Pashler v. (1876), 35 L.T., 862 ; 41 J. P., 136 - - 299 

Stevens, Watts v. (1906), 2 K.B., 323 ; 22 T.L.R., 622 - - 273, 275 

Stevenson, Farmers and Cleveland Dairy Company v. (1890), 63 L.T., 

776; 55 J.P., 407 - - - - - - - 273 

Stevenson, Hutchison v. (1902), 4 F.(J.), 69 ; 3 A., 651 -262, 270, 315 

Stevenson, R. v., 3 F. and F., 106 . _ - - _ 173 

Storey, Case v. (1869), L.R. ; 4 Ex., 319- - - - -169 

Suckling V. Parker (1906), 22 T.L.R., 357 . . _ 262, 270 

Summers v. Grist (1896), 60 J. P., 346 ----- 239 

Sutherland, Duke of, v. Douglas (1907), 15 S.L.T., 327 - - - 289 

Swan and Sons, Limited, Braid v. (1903), 5 F., 579 ; 40 S.L.R., 426 ; 

loS.L.T., 721 ------ 188,268 

Tannery. Dyball (1906), 94L.T.R., 539 ; 120 L. T.J. , 567 - - 302 

Taplin, Houghton v. (1897), 13 T.L.R., 386 - - - - 238 

Taylor, Hewitt v. (1896), i Q.B., 287 ; 74 L.T., 51 - - - 269 

Taylor, Petchey v. (1898), 62 J. P., 360 ; 78 L.T., 501 - - - 255 

Taylor, Sneath v. (1901), 2 K.B., 376; 65 J. P., 548 - . - 293 

Terrett, Barlow v. (1891), 2 Q.B., 107 ; 65 L.T., 148 - - - 181 

Thallman, R. v., L. and C., 326 ------ 169 

Thomas v. Van Os (1900), 2 Q.B., 448 ; 82 L.T., 845 - - - 181 

Thompson, Shilleto v. (1875), i Q.B.D., 12 - - - - 173 

Thompson, Rolfe v. (1892), 2 Q.B., 196 ; 67 L.T., 295 - -260, 296, 298 

Thompson, Waye v. (1885), 15 Q.B.D., 342 ; 53 L.T., 358 - - 181 

Thomsons. Scott (1901), 3 F.(J.), 79 - - - - - 286 

Tillstone, Blaker v. (1894), i Q.B., 345 ; 70 L.T., 31 - - - 181 

Todd V. Cochrane (1901), 3 A., 357 ; 38 S.L.R., 801 . - - 269 

Todd f. Magowan (1905), 7 F.(J.), 50 ----- 284 

Toler V. Bischop (1895), 73 L.T., 403 ; 60 J. P., 18 - - - 305 

Tonge (or Tyler), Kearley v. (1891), 60 L.J.M.C, 150 ; 65 L.T., 261 - 241 

Tyler, Bennett v. (1900), 81 L.T., 787 ; 64 J. P., 119 - - 238, 327 



362 TABLE OF CASES CITED 

PAGES 

Tyler v. Kingham and Son, Limited (1900), 2 Q.B., 413 ; 83 L.T., 169 ; 

16 T.L.R., 394 - - - - - - 268 

Tyler, Manners v. (1902), i K.B., 901 ; 86 L.T., 716 - - - 325 

Tyler, Palmer v. (1897), 61 J. P., 389 ----- 242 

Tyler, Piatt w. (1894), 58 J. P., 71 - - - - - 255 

Usher, Skinner v. (1872), L.R. ; 7 Q.B., 423 - . _ . 169 

Van Tromp, lorns v. (1895), 64 L.J.M.C, 171 ; 72 L.T., 499 ; 59 J. P., 

246 -------- 273, 274 

Van Tromp, Pearks, Gunston, and Tee, Limited, v. (1901), 2 K.B., 825 ; 

85 L.T., 379 - - - - - - - - 247 

Van Os, Thomas v. (1900), 2 Q.B., 448 ; 82 L.T., 845 - - - 181 

Wakefield, R. ?;. (1890), 54 J. P., 148 - - - - - 322 

Walker, CoUett v. (1895), 64 L.J.M.C, 267 ; 59 J. P., 600 - 242-243 

Walker v. Linton (1892), 20 R.J., i - - - - - 191 

Walsh, Fecitt v. (1891), 2 Q.B., 304 ; 65 L.T., 82 - - 254, 298 

Walshaw v. Mayor, etc., of Brighouse (1899), 2 Q.B., 86 ; 81 L.T., 2 - 181 
Walton and Company, Beardsley v. (1900), 2 Q.B., i ; 82 L.T., 

119- - - - - - - 238, 240, 250 

Ward, Hiett v. (1894), 70 L.T., 374 ; 58 J. P., 461 - - - 298 

Ward, Pearks, Gunston, and Tee, Limited, v. (1902), 2 K.B., i ; 87 L.T., 

51- - - - - - - 239, 240, 242 

Warnock w. Johnstone (1881), 8 R.(J.), SS - - - 247, 250 

Watts, Smart and Son v. (1895), i Q-B., 219 ; 71 L.T., 768 259, 261, 266 

Watts V. Stevens (1906), 2 K.B., 323 ; 22 T.L.R., 622 - - 273, 275 

Waye v. Thompson (1885), 15 Q.B.D., 342 ; 53 L.T., 358 - - 181 

Weatheritt, Evans v. (1905), 2 K.B., 80 - - - - - 277 

Webb, Daly y., 4 Ir.R.C.L., 309 - - - - - - 180 

Webb V. Knight (1876), 2 Q.B.D., 530 ; 36 L.T., 791 - - - 299 

Webb, Wheeker w. (1887), SI J.P., 661 - - - - - 261 

Wellard, R. v. (1884), 14 Q.B.D., 63 - - - - - 169 

Wells, Dixon v. (1890), 25 Q.B.D., 249 ; 62 L.T., 812 - - - 322 

Wheat V. Brown (1892), i Q.B., 418 ; 66 L.T., 464 . - - 304 

Wheeker u. Webb (1887), SI J.P., 661 - - - - - 261 

Whitaker v. Pomfret Brothers (1902), i K.B., 661 ; 86 L.T., 420 - 322 

White u. Bywater (1887), 19 Q.B.D., S82 ; SI J.P-, 821 - - - 249 

White, Cooky. (1896), i Q.B., 284; 74 L.T., S3 - - - - 322 

White V. Redfern (1879), is Q.B.D., is ; 49 L.J.M.C, 19 ; 41 L.T., 524; 

28 W.R., 168 ; 44 J.P., 87 ----- 180,181 

Whitehead, Heywood w. (1898), 76 L.T., 781 - - - - 243 

Wilkinson, Dawes v. (1906), 23 T.L.R., 34 - - - - 243 

Williams v. Marberth Sanitary Authority, Times (December 7, 1882) - 181 
Williams, Harris v. (1889), 6 T.L.R., 47 - - - -260, 296, 298 

Williams, Hawkins v. (189s), 59 J-P-. S33 - - -272, 274, 324 

Williamson, Burns v. (1897), 24 R.(J.), 58 ; 2 A., 308 - - - 322 

Wilson, Buckler v. (1896), i Q.B., 83 ; 73 L.T., 580 258, 259, 260, 266, 268 
Wilson, Laidlaw v. (1894), i Q.B., 74 ; 42 W.R., 78 - - - 273 

Wilson, Lush v. (1890), S4 J.P-, 73 - - - - - 297 

Wilson V. McCutcheon (1902), 40 S.L.R., 31 ; 4 A., 34 - - - 248 

Wilson V. McLaughlin (1907), S.C.Q.), 61 ; 44 S.L.R., 469; 14 S.L.T., 

850 ------- 2s8, 266, 287, 322 

Wilson y. Playle (1903), 88 L.T., SS4 ; 67 J.P., 263 - - - 275 

Wilson, Wilson and McPhee v. (1903), 6 F.(J.), 10 - - 247, 299 

Wilson and McPhee v. Wilson (1903), 6 F.(J.), 10 - - 247, 299 



TABLE OF CASES CITED 363 

PAGES 

Wintrup, Hunter v. (1904), 7 F. (J.), 22 - - - - 293, 294 

Wisden, Smith v. (1901), 85 L.T., 760 - - - - 241 ,248 

Wolfenden w. McCuUoch (1905), 92 L.T., 857 ; 2iT.L.R.,4ii - - 246 

Wood, Paton v. (1899), i F.(J.), 38 ; 36 S.L.R., 314 - - . 193 

Wooler, Banks v. (1900), 81 L.T., 785 - - - - - 247 

World's Tea Company v. Gardner (1895), 59 J. P., 358 - 305, 306, 316 

Young V. Grattridge (1868), L.R. ; 4 Q.B., 166 ; 38 L.J.M.C, 67 ; 

33 J. P., 260 -------- 180 



INDEX 



Abomasum, 83 
Abscess in udder, 33, 48 
Actinomycosis, 79, 134 
Adhesions on chest wall, 121 
Adulteration of milk, 36 
Air currents in cowsheds, 1 1 

space in cowsheds, 12 
in stables, 30 
Age of animals, 102 
Aloes in meat, 108 
Amyloid disease, 140 
Analyst, appointment of, 252 

form of certificate of, 286 
Animals, age of, 102 

hide-bound, 108 

poorly bled, 103 

sex of, 102 

tired, infuriated, excited, 139 

that ' blow,' 78 

tuberculous, 78 
Annatto in milk, 47 

in butter, 47 

in cheese, 47 
Anterior mediastinal glands, 91 
Anthrax, 107, 123 

and milk, 48 

bacillus, 124 

methods of infection, 124 
Apoplexy, parturient, 137 
Appeal to cow, 36 
Aphthous fever, 133 
Arloing on Koch's theory, 43 
Artificial manure, 87 
Ascarides, 146 
Axillary glands, 91 
Ayrshire cows, 4, 12 

Bacillus of swine fever, 127 

coli in milk, 38 

enteritidis, 153 

typhosus, 112 
Bacterial contamination of milk, 45 

necrosis, 140 
' Bags,' cleaning of, jt, 
' Bark,' 99 



Beam-filling, 7 

trawling, 149 
Beastings, 48 
Bedding for cows, 7 
Beef, tainted, 153 

bladder -worm, 142 
Bicarbonate of soda in milk, 37 
Biltong, III 
Black puddings, 87 

leg, 13s 

quarter, 135 

spauld, 135 
Bleached ribs, 105 
Blood, 87 

boiling, 87 

drying, 74 

sausages, 74 

serum, 88 
' Blowing ' animals, 78 
' Blown ' tins, 160 

veal, 140 
Blue soldier, 127 

patches on pigs, 107 
Board of Agriculture, Anthrax, i2i 
milk standard, 35 
swine fever, 129 
Bones of animals, 81 

boiling, 74 

marrow, 89 
Borax in milk, 27 
Boric acid in cream, 165 
in ham, 1 1 1 
in milk, 37 
in shrimps, 165 
Bothriocephalus latus, 142 
Boxes for calves, 19 
Braxy, 131 

mutton, III 
Brill, 149 

Brine for hams, 1 1 1 
British slaughter-house, 70 
Bronchial glands, 91 
Bruised flesh, 107 
Buds in Farcy, 136 
Bull carcass, 105 



364 



INDEX 



365 



Bull, castrated, 105 

cod-fat, 103-105 
Budde process, 46 
Burial-place for Anthrax, 127 
Butchers' shops, 156 
Butter, 160 

flavour of, 161 

substitutes, 161 
By-laws, slaughter-house, 60 

pigsties, 29 

Cadaver bacilli, 126 
Calf house, 19 

flesh of, loi 

lymph, 56 

stillbC>rn, 10 1 
Calves, examination of, 117 

and tuberculosis, 119 

fattening of, 19 
Camphor, odour of, in flesh, 108 
Canned beef, poisoning by, 154 
Carcass of beef, 105 
Carpus, 82 

Cartilage of young animals, 102 
Castor-oil in meat, 108 
Castrated bull, 105 
Cat-fish, 148 
Catch -pit, 13 
Cattle plague, 129 

tuberculosis, 2, 12 
Central feeding passage, 1 3 
Cervical vertebrae, 89 

glands, 81 
Cesspool, 13 
Charbon, 123 
Cheese, 84, 161 

adulteration of, 161 

annatto in, 47 
Chemical preservatives, 113 
Chewing the cud, 79, 84 
Chicago meat, 159 
Chilling of milk, 38, 47 
Chills among cows, 10 
Cleaning of tripe, y^i 
Clearing-house, 123 
Coachman's living-rooms, 30 
Coal fish, 149 
Cobwebs in cowsheds, ^i'-^ 
Cocoa, 164 

Coccygeal vertebrae, 81 
Cod, 148 

fat, 103 
Coffee, 164 
Cold stores, no 

types of, 113 
Colostrum, 48 
Colour of fat, 105 

of milk, 47 



Condensed milk, 163 
Congested kidneys, 100 
Contagious pneumonia of swine, i 31 
Consigned fish, 148 
Control of meat, i, 116 

of milk, I, 32 
Cotton-seed oil, 157 
Cow, appeal to, 36 

pox, 34, 48, 80, 141 
Cows, Ayrshire, 13 

bedding of, 7 

chills among, 10 

fed for butcher, 3 

inspection of, 39 

Irish, 4 

Jersey, 13 

Kerry, 13 

milk depletion, 32 
yield, 2, 32 

newly calved, 19 

udder of, 39, 103 
Cowsheds, as nuisances, 3 

cobwebs in, 33 

cubic capacity, 12 

division blocks, 14, 19 

drainage, 13 

dust in, 7 

feeding trough, 7 
passage, 13 

floors, 7, 13 

in country districts, 5 

inside walls, 7 

in towns, 5, 11, 12 

licence of, 170 

lighting of, 2, 9 

manure channel, 8 
pit, 

material of, 6 

regulations, 3, 213, 220 

roof of, 6 

sites, 5 

stalls, 7, 13 ^ 

temperatures of, 10 

types of, 13 

ventilation, 2, 9, 11 

water-supply, 9 

windows in, 9 
Crabs, 151 
Cranial glands, 89 
Cream in jars, 38 

preservatives in, 38, 165 

rising on milk, 47 

separation of, 38 
Creameries, 2 
Cross-swearing, 78 
Cubic capacity of cowshed, 1 2 

of stables, 12 
Cud-chewing, 79, 84 



INDEX 



Cumberland disease, 123 
Curds, 84 

Curing of hams, 1 1 1 
Cysticerci, 108 

detection of, 144 
Cysticercus bovis, 142 

celluloses, 144 

Dairies, 5 1 

Dairymen, licence of, 170 
Dairy regulation, 6, 213 
Damp air in cold stores, 113 
Dark flesh, 139 
Decomposing fish, 112 
Degeneration, fatty, 140 

waxy, 140 
Deep inguinal glands, 91 
Dentition, 100 

Depletion of cows by milking, 32 
Design of cold store, 113 
Diarrhoea, 141 
Digester, steam, 74 
Diphtheria, 141 

and milk, 48 
Diphtheritic sore throat, 34 
Discharge from nostril, 79 
Discoloured flesh, 108 
Diseased meat, 107 

disposal of, 74 
Disinfection after Anthrax, 127 
Disposal of Anthrax carcasses, 126 
Distomatosis, 146 
Distoma hepaticum, 146 
Distribution of farm buildings, 5 
Division blocks, 14, 19 
Dorsal region, 81 
Drainage of catchpit, 13 

of cowsheds, 8 

of stables, 30 
Dressing of animals, 58 
Drift-net fishing, 150 
Dropsy, 80, 139 
Drugs in meat, 108, 140 
Dust in milk-shops, 50 

Eels, 148 
Eggs, 161 

test for, 162 
Emaciated flesh, 100 
English ' patent ' method, 97 
Ether in meat, 108 
Ewe, 106 

meat of, 106 
Examination scheme for meat, 116 
Extraction of fat, y^ 

False tubercle, 106 
Farcy, 136 



Farcy ' buds,' 136 

and Glanders Order, 136 
Farm, arrangement of, 5 
Fat of calves, loi 

cod, 103 

extraction, 73 

pink, 109 

stock, 25 
Fattening of calves, 24 
Fatty degeneration, 140 

marbling, 102 
Feeding of cows, 39 

passage, 17 

trough, 7 
Female sheep, 106 
Femur, 82 

Fermentation in stomach, 83 
Filaria strongylus, 106 
Filters for milk, 46 
Fish, consigned, 148 

decomposition, 112 

frying, 157 

gutted, 148 

hawkers, 148 

in ice, 147 

ptomaines in, 112 
Flavour of fish, 148 
Flesh, dark, 107 

emaciated, 100 

of old bulls, 105 

of old cows, 3 

of calves, 100 

of goat, 106 

of hogs, 107 

of horse, 106 

of old animals, 10 1 

of sheep, 106 

pallid, 100 

putrid, 108 

' set,' 99 

soft, 108 

stringy, loi 

watery, 108 
Floor of cowsheds, 7 

of piggeries, 27 

of stables, 30 

space, 12 
Flounders, 149 
Fluke disease, 146 
Fluorides in milk, t,j 
Food-preparing house, 5 

poisoning, 152 

toxines in, 153 

symptoms, 153 
Foot-and-mouth disease, 48, 8 
Foot rot, 133 

soreness, 79 
' Fore ' milk, 33, ^7 



), 133 



INDEX 



3(>7 



Foreign animals, 3, 129 

fat in butter, 161 
Formalin in meat, 109 

in milk, 37 
Fowls and diphtheria, 141 

and tuberculosis, 122 
Freibank, 122 
Fresh-air inlets, 1 1 

fish, 148 
Fried-fish shops, 157 
Frozen meat, 100, 108 

Game, 156 
' Gapes,' 156 
Gaertner'^ bacillus, 153 
' Garget of the maw,' 48 
Gelatine in butter, 161 
Genuine milk, 36 
Glands, 89 
Glanders, 1 36 

and Farcy Order, 136 
Glucose in butter, 161 

in jam, 165 
Glycerinated calf -lymph, 56 
Glycogen, 159 
Goat flesh, 106 

and tuberculosis, 122 

odour of, 106 
Gradient of manure channel, 1 3 
Granary, 5 
' Grapes,' 119 

Greener's shooting instrument, 95 
Grids for ventilation, 1 1 
' Grip,' 8, 13 

Gristle of young animals, 102 
Guinea-pig experiments, 43 
Gullet, 84 
Gut-cleaning, 73 
Gutted fish, 148 

Ham-curing, 1 1 1 

Haddock, 148 

Haggis, 85 

Hake, 148 

Halibut, 148 

Haunch-bone, 82 

Hawked fish, 148 

Healthy animal, appearance of, 79 

carcass, 99 
Heart, 87 

disease, 80 

lesions, 139 

needles in, 139 
Heating air in cowsheds, 1 1 
Heifer, 10 1 

maiden, 103 

udder of, 103 



Hen-roosts, 122 

Hepaticum, distoma, 146 

HeiTing, 148 

Hide-bound animals, 78, 108 

Highland cattle, 4, 24 

Hog bladder worm, 143 

Hog cholera, 28, 127 

Honeycomb, 83 

Hoofs, separation of, y^ 

' Hoose,' 141 

Horse, bones of, 81 

flesh, 106 

housing of, 30 

influenza, 79 

intestines, 85- 

in sausages, 158 ..: 
shops, 106 

vertebrae, 81 
Houses near cowsheds, 3 

near pigsties, 25, 29 

near slaughter-houses, 59 
Hoven, 79, 83 

Howard's ventilators, 79, 83 
Hyoid bone, 88 

Ice-cream, poisoning by, 161 

Iced fish, 147 

Ice, poisoning by, 161 

stores, 113 
Impacted needles, 80 
Imperfect milking, result of, 36 
Incoming air to cowshed, 1 1 
Individual cow's milk yield, 36 
Induration of udder, 48 
Infected udders, 2 
Inferior food, 107, 131 
Inflamed udder, 33 
Inflammatory conditions, 100 
Influenza in horse, 79 
Infuriated animals, 1 39 
Inlets to cowsheds, 1 1 

capacity of, 1 1 
Inside walls of cowsheds, 7 
Inspection of cows, 43 
Insurance of animals, 4 
Intestinal obstruction, 79 

tracts of animals, 85 
Irregular milking, result of, 36 
Irish cattle, 4 
Itch, 13, 80 

Jam, glucose in, 165 

far cream, 35 

jersey cows, 13 

Jewish method of killing, 97 

Joint-ill, 136 

Junket, 84 



368 



INDEX 



Kerry cows, 13 
Kidneys, 87 

congested, 100 
Killing halls, 70 

methods, 92 
Knackeries, 170 
Koch, criticism of, 42 
Koch's researches, 41 

tuberculin, 41 

Lactic acid formation, no 
Lairage, 59, 68 
Lamb, castrated, 106 
Lameness of animals, 79 
Larvae, 80 
Leather mask, 94 
Licensing of milk-shops, 5 1 

of slaughter-houses, 6^ 
' Lights,' 88 
Lighting of cowsheds, 2, 9 

of stables, 9, 30 
Lime-washing of pens, 79 
Line-fishing, 149 
Ling, 148 
Liver, 85, 116 

in fluke disease, 146 
Living-rooms and milk-shops, 50 
Lobster, 151 
Loodianah, 123 
Louping-ill, 132 
Louvred ridges, 1 1 
Lumbar vertebra?, 81 
Lumpy jaw, 79, 134 
Lungs, 88 

Lymph vaccine, preparation of, 56 
Lymphatic system, 89 
' Lyssa,' 89 

Mackerel, 148 

back, 106 
Maiden heifer, 103 

udder of, 103 
Mallein, preparation of, 55 

as curative, 56 
Malignant catarrhal fever, 133 

pustule, 123 
Mammitis, 138 
Man, trichinosis in, 145 
Manger of cowshed, 7 

of stable, 7 
Manubrium of sternum, 82 
Manure, artificial, 87 

channel, 1 3 

manufacturer, 76 
Manyplies, 83 
Margarine, 161 
Marrow, 89 
Mastitis, 48 



Measles in pig, 143 
Meat, boracic in, 109 

drying, in 

emaciated, 100 

formalin in, 109 

frozen, 100 

healthy, 100 

inspectors, 1 1_5 

moist, 100 

pallid, 100 

pickled, 109 

preservation, in 

putrid, 140 

refrigerated, 109 

salicylic acid in, 109 

salted, 109 

' sweaty,' 109 

system of inspection of, i 1 5 

tinned, 113 
Mediastinal glands, 119 
Mesentery, 1 1 7 
Mesenteric glands, 91 
Metal flaps in cowsheds, 15 

in piggeries, 15 
Middlesbrough scare, 152 
Miliary tuberculosis, 119 
Milk, 161 

adulteration of, 36 

and Anthrax, 48 

and foot-and-mouth disease, 48 

boiling of, 39 

collection, 39 

colour of, 47 

contamination of, 33, 45 

control of, 39 

distribution of, 39 

fever, 137 

filters, 46 

' fore,' 33 

of newly-calved cows, 165 

pails, 39, 46 

peroxide of hydrogen in, 47 

preservatives in, 37 

price of, 37 

regulations, 35 

receptacles, 51 

shops, licensing of, 49, 51 

standard, 35 

store, 6, 39 

tuberculous udder, 48 

yield of cows, 2, 32 
Milking, imperfect, 36 

irregular, 36 
Milz brand, 123 
' Mincers,' 121 
Moist meat, 100 
Monkeys and outdoor life, 10 
Moored net-fishing, 150 



INDEX 



369 



Murrain, 135 

Muscular development, 105 

Mussels, 151 

Mutton, 106 

braxy, iii, 132 
Mutual insurance, 4 

Navel-ill, 136 
Neck-stabbing, 96 
Necrosis, 140 
Needles in heart, 139 
Net-fishing, 149 
Nettlerash in pig, 131 
Nostrils, discharge from, 79 
Nuisancg from cowsheds, 3 

from piggeries, 3, 25 

from slaughter-houses, 59, 67 

(Edema, 80 

Qisophagus, 84 

Old bulls, flesh of, 105 

Old cows, 121 

Old hogs, 107 

Oil of sesame, 157 

Omasum, 83 

Os cordis, 87 

Os hyoides, 88 

Outdoor treatment, 10 

Outlets, capacity of, 1 1 

position of, 1 1 
Oxen, cod fat of, 103 
Ox nettlerash, 79 
Oysters, 151 

and typhoid fever, 1 5 1 

' Pad,' 133 
Pallid flesh, 100-139 
Parasitic diseases, 141 
Parturient apoplexy, 137 
Patent meat, 97 

method, English, 97 
Paunch, 83 
Pelvis, 82 

fracture of, 79 
Pemmican, 1 1 1 
Pens, lime-washing of, 72 
Peptone foods, 88 
Pei'itoneum, 88 

stripping of, 88 
Peroxide of hydrogen in milk, 27 
Peyer's patches, 85 

pickled meat, 109 
Pigs, 107 

enteric, 127 

examination of, 118 

intestine, 85 

measles, 143 

meat, tainted, 152 



Pigs, nettlerash, 131 

and rheumatism, 80 
Piggeries, 25 

by-laws, 29 
Pigsties, control of, 25 

as nuisances, 25 
' Piners,' 79, 107, 121 
Pink fat, 109 
Pithing, 92, 96 

cane, 92, 95 
Plaice, 149 
Pleura, 88, 117 
Pleuro-pneumonia, 1 29 
Podewill's apparatus, 76 
Poisoning by fish, 154 

by ham, 154 

by ice-cream, 161 

by meat, 154 

by milk, 161 

by mussels, 151 

by tyrotoxicon, 161 

by veal -pies, 155 
Pole-axe, 92 
Polluted soil and swine fever, 127 

water in milk, 48 
Pork and trichinosis, 145 
Poorly-bled animals, 103 
Pounds, 59 
Poultry, 156 
Preservation by chemicals, 113 

by cold, 112 

by meat, 112 
Preservatives in cream, 38 

effect of, 38 

in milk, 37 
Private slaughter-houses, 57 
Ptarmigan, 157 
Ptomaine-poisoning, 152 
Public analyst, 37 

slaughter-house, 66 
site of, 67 
size of, 67 
Puddings, black, 87 
Puerperal metritis, 108, 137 
Pulse-rates, 80 
Purples, 127 
Pus in milk, 33 
Putrid flesh, 108, 140 
Psalterium, 83 

Quarantine in anthrax, 125 
Quarter-ill, 135 

Ram, 106 

Rats and swine fever, 128 

Raw herrings, poisoning by, 153 

meat treatment, 142 

pork, 143 

24 



370 



INDEX 



Ray, 149 

Reaction to tuberculin, 55 

to mallein, 55 
Recurrence of pig-typhoid, 28 
Red braxy, 132 

mullet, 149 

patches, 107 

soldier, 127 

water, 141 
Refrigerated meat, 109 
Regulations as to dairies, 213 
Relapse in food-poisoning, 153 
Rennet, 83 
Reticulum, 83 
Retro-pharyngeal glands, 89 
Revolving ventilators, 1 1 
Rheumatism in pigs, 80 
Ribs, 81 

Ridges, louvred, 1 1 
Rigors, 80 
Rinderpest, 129 
Ringworm, 80 
Roast pork, 152 
Roof of cowshed, 118, 146 
Round worms, 6 
Roup, 156 
Rumen, 83 
Ruptured tendons, 79 

Sacrum, 81 
Sacral glands, 91 
Salicylic acid in meat, 109 

in milk, 37 
Salmon, 148, 
' Salted ' animals, 55 
Salted meat, 109 
Saltpetre in milk, 37 
Sardines, 165 
Sausage-making, 158 
Scapula, 82 

Scarlet fever and milk, 48 
Scotch haggis, 85 
Scour, 156 
Schweineseuche, 131 
Scrag of ram, 106 

of bull, 105 
Sea-trout, 150 

Second Royal Commission, 43 
Seizure of animals, jj 
Separated cream, 38 

milk, 35 
Septic metritis, 137 
Serum, blood, 85 
' Set ' flesh, 99 
Sex of animals, 102 
' Schecheta,' 97 
Sheep, examination of, 117 

and tuberculosis, 122 



Sheep, flesh, 106 
foot-rot, 133 
intestine, 85 
rumen, 83 
scab, 80 
Shell-fish, 151 
Sheringham valve, 10 
Shivering, 80 
Shooting instrument, 95 
Shoulder-blade, 82 
Shrimps, boric acid in, 165 
Siberian plague, 123 
Sites of cowsheds, 5 
of piggeries, 25 
of slaughter-houses, 67 
Skate, 149 

Skeletal formation, 81 
Skimmed milk standard, 35 
Skin diseases, 80 

examination of, 116 
Skull, 82 

Slaughter-houses, 86 
by-laws, 60 
methods of, 92 
private, 57 
public, 66 
sanction for, 65 
site, 67 
size, 67 
structure, 68 
Slink veal, 140 
Soda bicarbonate in milk, 37 
Soft flesh, 108 
Sole, 149 

Sore throat and cow-pox, 34 
Spiders' webs in cowsheds, 7 
Spinach, 164 
Spleen, 84 

Spleen in Anthrax, 125 
Splenic apoplexy, 123 
fever, 123 
glands, 91 
Stables, 30 

cubic capacity of, 30 
drainage of, 30 
lighting of, 30 
ventilation, 30 
water-supply, 30 
Stag, 105 
' Staggers,' 125 
Stake net, 150 
Stale fish, 148 
Stalls of cowsheds, 8 
Standard for milk, 35 
Steam digester, 74 

trawlers, 147 
Sterile milk-pails, 45 
Sterilization, 113 



INDEX 



371 



Sterilization of meat, 112 
Sternum, 117 
Stomach, 83, 117 
Striking, 135 
Stringy flesh, loi 
Stripping, 58, 103 

concealment of, 103 
Strippings, 48 
Strongyli, 117, 141 
Stunning of animals, 92 
Submaxillary glands, 89 
Sulphites in food, 165 
Superficial inguinal glands, 91 
Suppuration of udder, 138 
Supracervical glands, 91 
Supracranial glands, 91 
Supramammary glands, 91 
' Sweaty ' meat, 109 
Swine erysipelas, 130 

fever, 127 

and Board of Agriculture, 

129 
recurrence of, 28 

contagious pneumonia, 131 

plague, 131 

Tabes mesenterica, 119 
Tcsnia solium, 143 

saginata, 142 
Tainted food, 152 
Tape-worms, 146 
Tarsus, 82 
Temperatures of animals, 80 

of cowsheds, 10 
Tendons, ruptured, 79 
Test for eggs, 162 

for horse-flesh, 159 
Thigh-bone, 82 
Thin skirt, 117 
Thoracic duct, 89 
Throat-cutting, 96 
Tins, ' blown,' 160 
Tinned foods, 113, 159 

salmon-poisoning, 155 
Tired animals, 139 
Tongue, 88 
Toxic poisoning, 154 
Toxines in food-poisoning, 153 
Trades, offensive, 72 
Transfixion, 96 
Transport of animals, 79 
Trawl-net, 149 
Trawlers, 147 
Trawl -fishing, 149 
Trichina, 108 
Trichina spiralis, 144 
Trichinosis in man, 145 
Tripe, 85 



Tripe cleaning, j-^, 
Tubercle, false, 106 
Tuberculosis, 118 

and Royal Commission, 118 

in calves, 119 

in fowls, 122 

in goats, 122 

in sheep, 106, 122 

in pigs, 108 

in udder, 39, 43, 48 

miliary, 119 
Tuberculin, preparation of, 52 

test, 41, S3 
' Tubers,' 119 
Turbot, 148 
Turnip braxy, 132 
Turpentine in meat, 108 
Tympanitis, 79 
Types of cold stores, 113 

of cowsheds, 13 
Typhoid fever and milk, 48 
and shell -fish, 151 
Tyrotoxicon -poisoning, 161 

Udder, abscess in, 33 

boiled, 121 

of cow, 103, 117 

of maiden heifer, 103 

tubercle in, 39, 43 

weeds in, 48 
Ulna, 82 
Umbilicus, 108 

Unqualified meat inspectors, 1 1 5 
Unsuitable milk-shops, 50 

articles in milk-shops, 50 
Upper maxillary glands, 89 
Urticaria of pigs, 131 
Utensils for milk, 39, 48 
Uterus, 89, 117 

inflammation of, 89, 138 

pus in, 108 

Vaccine, preparation of, 56 
Veal, blown, 140 

immature, 140 

pies, 155 

poisoning by, 155 

slink, 140 
Ventilation of cowsheds, 2, 9 

of piggeries, 28 

of stables, 30 

systems, 10 
Ventilator, revolving, 1 1 
Vertebrae of horse, 81 

of young and old animals, 102 
Veterinary inspection, 43 
Vinegar, effect on meat, 1 1 1 



372 



INDEX 



Warm milk, 48 

Water braxy, 132 
in butter, 161 

pollution and anthrax, 127 
supply of cowsheds, 9 
of pigsties, 27 
of stables, 30 

Watery flesh, 108 

Waxy disease, 140 

' Weeds ' in udder, 2, 138 

' Wet goat,' 130 

Wether sheep, 106 

Whelks, 151 

Whey, 84 

Whiting, 148 



Windows in cowsheds, 9 

in stables, 9 
Wooden cowsheds, 33 

tongue, 134 
Woodwork in cowsheds, 6 

in piggeries, 27 
Woolsorters' disease, 123 
Worms, round, 146 

tape, 146 

Yield of individual cows, 36 

of milk, 2, 32 
Young animals, gristle of, 102 

Zomotherapy, 142 



THE END 



Saill&re, Tindall &f Cox, 8, Henrietta Street, Coveitt Garden 



DIGEST 



OF 



Regulations Governing Meat Inspection in 
the United States 



BY 



MAXIMILIAN HERZOG, M. D. 

Professor of General and Comparative Pathology in the Chicago Veterinaryr 
College; Pathologist to the Michael Reese Hospital; Expert of the 
Chicago Stock Yards Investigation Commission of the Illinois 
Manufacturers and the Chicago Commercial Associ- 
ations; Late Pathologist to the Bureau of 
Science, Manila, Philippine Islands 



W. T. KEENER & COMPANY 

90 WABASH AVENUE 

CHICAGO 



^ 



COPYRIGHT, 1908 

BY 

W. T. KEENER 



REGULATIONS GOVERNING MEAT 

INSPECTION IN THE UNITED 

STATES. 

BY MAXIMILIAN HERZOG, M. D.^ CHICAGO, 

Professor of General and Comparative Pathology in the Chicago Veter- 
inary College; Pathologist to the Michael Reese Hospital; Expert of the 
Chicago Stockyards Investigating Commission of the Illinois Manufac- 
turers and the Chicago Commercial Association; late Pathologist in the 
Bureau of Science, Manila, P. I. 

There is no country in the world which prepares so large 
an amount of meat and meat products for interstate and foreign 
comm.erce as do the United States. For a number of years the 
Federal Government has by provisions of law regulated the 
slaughtering of animals whose meats and meat products were 
intended for interstate and foreign traffic. The meat inspection 
law, as is well known, has been much extended and its provisions 
have been made much more severe in 1906, so that this law 
to-day is probably as stringent as the meat inspection provisions 
of any country, and more stringent than the laws in many 
countries. Compliance with the provisions of the law is en- 
forced by a large, well-trained corps of veterinary inspectors I 
of the Bureau of Animal Industries. 

Besides, the meat and meat products are subject to the pro- 
visions of the federal laws concerning food adulteration in gen- 
eral. Hence the meats and meat products prepared for inter- 
state and foreign commerce by the large stockyards concerns 
in various parts of the United States are not only almost with- 
out exception wholesome and proper for food, but of a stand- 



4 



MEAT AND FOOD INSPECTION 



^ 



ard which may well compete with meats and meat products 
from any part of the world. 

Meat inspection in the United States, of slaughtering, pack- 
ing, meat canning, salting, rendering, or simiilar establishments 
whose meats or meat food products, in whole or in part, enter 
into interstate or foreign commerce, is regulated by Acts of 
Congress and by regulations issued by the Department of Agri- 
culture/ The inspection is carried out by officers of the Bureau 
of Animal Industry. 

The regulations as to sanitary conditions in slaughtering 
houses, etc., provide that the establishments in which the ani- 
mals are slaughtered or the meats and meat food products are 
prepared, cured, packed, stored or handled, shall be suitably 
lighted and ventilated, and maintained in a sanitary condition. 
Ceilings, side walls, pillars, etc., shall be frequently whitewashed 
or painted, or where this is impracticable they shall when neces- 
sary be washed, scraped or otherwise rendered sanitary. The 
aprons, smocks or other outer clothing of employes who handle 
meat must be of a material that is readily cleansed daily. Em- 
ployes are required to keep their hands clean. All toilet rooms, 
urinals and dressing rooms miust be entirely separated from 
compartments in Avhich carcasses are dressed, and they must be 
fitted with modern lavatory accommodations and be properly 
lighted and ventilated ; all rooms where employes work miust 
be provided with cuspidors. Persons affected with tuberculosis 
or any other communicable disease shall not be knowingly em- 
ployed. The fattening of hogs or other animals on the refuse 
of slaughtering houses is not permitted on the premises. Butchers 
who dress diseased carcasses must cleanse their hands and dis- 
infect them in a prescribed disinfectant before being allowed to 



^The law under which meat inspection by the Federal Government is 
now carried on and regulated is, "An Act making appropriations for the 
Department of Agriculture for the fiscal year ending June 30, 1907, 
approved June 30, 1906 (34 Statute, 674), and U. S. Department of Agri- 
culture, Bureau of Animal Industry, Order No. 150, Washington Gov. 
Print. Office, igo8. Effective April i, 1908. 



MEAT AND FOOD INSPECTION 5 

handle healthy carcasses. Inspectors are held to disinfect their 
knives after using them on diseased carcasses. 

Ante-mortem examination and inspection must be made of all 
animals to be slaughtered before they are allowed to enter an 
establishment in which inspection is maintained. This examina- 
tion is to be m.ade in the pens, alleys or chutes of the establish- 
ment, at which the animals are about to be slaughtered. All 
animals showing symptoms of disease are to be marked by af- 
fixing to the ear or tail a metal tag. All animals so marked 
are to be slaughtered separately and are to be fully identified at 
the time of slaughter. If disease is suspected, such as Texas 
fever, anthrax, pneumonia, blackleg or septicemia, in which the 
question of temperature is important, the exact temperature must 
be taken. Consideration must be given to the fact that extremely 
high temperatures may be found in otherwise normal hogs when 
subjected to exercise and excitement. Animals known as "down- 
ers" or crippled animals must likewise be tagged on ante-mortem 
inspection. 

Post-mortem inspection at the tinie of slaughter. The inspectors 
must, at the time of slaughter, make a careful inspection of all 
animals slaughtered. The head, tongue, tail, thymus gland, 
bladder, caul and the entire viscera and all parts and blood used 
in the preparation of meat food or medical products shall be 
retained in such a manner as to preserve their identity until after 
the post-mortem examination has been completed. 

Carcasses and parts thereof found to be sound and fit for 
human food shall be passed, while carcasses with lesions of dis- 
ease that would probably render the m.eat or any organ unfit 
for food shall be marked immediately with a tag, bearing the 
words, I "U. S. Retained," and shall be removed to the retaining 
room. Here the carcass and organs so marked are to be sub- 
jected to a final inspection by a chief inspector, and if found unfit 
for human food they are to be stamped, "U. S. Inspected and 
Condemned." The tag so marked is to accompany the carcass, 
etc., to the condemning tank. If, however, upon final inspection, 



6 MEAT AND FOOD INSPECTION 

the carcass is passed for food, the inspector shall stamp the 
carcass, "Inspected and passed." 

Retaining and Condemned Rooms. — The regulations provide 
that there shall be set apart at all establishments at which in- 
spection is maintained separate compartments, to be known as 
retaining rooms. All parts and carcasses marked "Retained" 
shall be held in these rooms pending final inspection. These 
rooms must be rat proof, and their floors shall be of cement, 
metal or brick laid in cement ; they shall be provided with 
facilities for locking and the keys to the locks shall remain in 
the custody of the inspector or his assistant. The floors and 
walls of all retaining rooms shall be washed with hot water and 
disinfected after diseased animals are removed, and before any 
retained animals are again placed therein. 

Disposal of Condemned Carcasses. — Carcasses or parts of them 
found on final inspection to be unfit for human food must be 
either destroyed within twenty-four hours or must be removed 
to the "condemned" room. This must be a room entirely separate 
from all other rooms in the establishment, niust be provided with 
a lock, the key of which shall remain in the custody of an 
employe of the Bureau of Animal Industry, and all condemned 
meat must be taken into or from this room under the supervision 
of an inspector of the Bureau. 

All condemned carcasses must be tanked, as follows : After 
the lower opening of the tank has been securely sealed by an 
em^ploye of the B. of A. I., and the condemned parts have been 
placed therein in his presence, the upper opening shall be like- 
wise sealed and the officer present must then see that a sufficient 
force of steam is turned into the tank and maintained a suf- 
ficient length of time effectually to render the contents unfit for 
any edible product. Tanks for this purpose shall be so located 
or operated that the fumes and odors therefrom shall not per- 
vade rooms, etc., in which carcasses are dressed or edible prod- , 
ucts prepared. A sufficient quantity of coloring matter or I 
other substance designated by the government shall be used in 



MEAT AND FOOD INSPECTION 7 

connection with the tanking of aU condemned carcasses to 
destroy them effectually for food purposes. 

The seals of tanks containing condemned meat shall be broken 
only by an employe of the department. 

Diseases for Which Carcasses or Parts Thereof or Organs 
Must Be Condemned. — The carcasses, etc., of all animals which 
are slaughtered and which are found at the time of' slaughter 
or at any subsequent inspection to be aft'ected with any of the 
diseases or conditions nam^ed below, must be condemned or dis- 
posed of as indicated : 

Anthrax or Charbon. — All carcasses showing lesions of this 
disease, regardless of the extent of the disease, and including 
the hide, hoofs, horns, viscera, fat, blood and all other portions 
of the animal, shall be condemned and immediately tanked. 
The killing bed upon which the animal was slaughtered shall 
be disinfected with a 10 per cent solution of formalin, and all 
knives, saws, cleavers and other instruments which have come 
in contact with the carcass shall be treated as provided in a 
regulation mentioned above before being used upon another 
carcass. 

Blackleg. — Carcasses of animals showing lesions of blackleg 
shall be condemned. 

Hemorrhagic Septicemia. — Carcasses of animals affected with 
this disease shall be condemned. 

Pyemia and Septicemia. — Carcasses showing lesions of either 
of these diseases shall be condemned. 

Vaccine. — Animals with unhealed lesions accompanied by fever 
shall be condemned. 

Rabies. — Carcasses of animals which showed symptoms of 
rabies before slaughter shall be condemned. 

Tetanus. — Carcasses of animals which showed symptoms of 
tetanus before slaughter shall be condemned. 

Malignant Epizootic Catarrh. — Carcasses of animals affected 
with this disease and showing generalized inflammation of tl|e 
mucous membranes shall be condemned. 



8 MEAT AND FOOD INSPECTION J 

Hog Cholera and Swine Plague. — Carcasses showing well- 
marked and progressive lesions of hog cholera or swine plague 
in more than two of the organs (skin, kidneys, bones or lymphatic 
glands) shall be condemned. Provided they are well nourished, 
carcasses showing slight and limited lesions of these diseases 
may be passed. Carcasses which reveal lesions more numerous 
than those described for carcasses to be passed, but not so 
severe as the lesions described for carcasses to be condemned, 
may be rendered into lard, provided they are cooked by steam 
for four hours at a temperature not lower than 220° F. and at 
a pressure of 4 pounds. In inspecting carcasses showing lesions 
of hog cholera or swine plague of the skin, bones, kidneys or 
lymphatic glands, due consideration shall be given to the extent 
and severity of the lesions found in the viscera. 

Actinomycosis, or lumpy Jaw. — If a carcass is in a well- 
nourished condition and there is no evidence upon post-mortem 
examination that the disease has extended from a primary area 
of infection in the head, the carcass may be passed, but the 
head, including the tongue, shall be condemned. Carcasses of 
animals showing uncomplicated localized actinomycotic lesions 
other than, or in addition to, those specified in the first part of 
this section may be passed after the infected organs and parts 
have been removed and condemned. Carcasses of animals show- 
ing a generalized actinomycosis shall be condemned. 

Caseous Lymphadenitis. — When the lesions are limited to the 
superficial lymphatic glands or to a few nodules in an organ, 
involving also the adjacent lymphatic glands, and the carcass is 
well nourished, the meat may be passed, after the afifected parts 
are removed and condemned. If extensive lesions, with or with- 
out pleuritic adhesions, are found in the lungs, or if several 
of the visceral organs contain caseous nodules and the carcass 
is emaciated, it shall be condemned. 

Texas Fever. — Carcasses showing sufficient lesions to warrant 
the diagnosis of Texas fever shall be condemned. 



MEAT AND FOOD INSPECTION 9 

Parasitic Ictero-Hematuria. — Carcasses of sheep affected with 
this disease shall be condemned. 

Mange, or Scab. — Carcasses of animals affected with mange, 
or scab, in advanced stages, shall be condemned. When the 
disease is slight the carcass may be passed. 

Tapeworm Cysts. — Carcasses of animals slightly affected with 
tapeworm cysts may be rendered into lard or tallow, but ex- 
tensively affected carcasses shall be condemned. Carcasses of 
animals infected with gid bladderworms (csenurus cerebralis, 
Multiceps socialis) may be passed after condemnation of the 
infected organ (brain, spinal cord). Carcasses or parts of them 
found infected with the hydatid cyst (echinococcus) may be 
passed after condemnation of the infected part or organ. 

Infections That May Cause Meat Poisoning. — All carcasses of 
animals so infected that consumption of the meat or meat food 
products thereof may give rise to meat poisoning shall be con- 
demned, namely all carcasses showing signs of: Acute inflamma- 
tion of the lungs, pleura peritoneum, pericardium or meninges, 
septicemia or pyemia, whether puerperal, traumatic or without 
any evident cause. Severe hemorrhagic or gangrenous enteritis 
or gastritis, acute diffuse metritis or mammitis, polyarthritis, 
phlebitis of the umbilical veins, traumatic pericarditis or any 
other inflammation, abscess or suppurating sore, if associated 
with acute nephritis, fatty and degenerated liver, swollen soft 
spleen, marked pulmonary hyperemia, general swelling of 
lymphatic glands, and diffuse redness of the skin, either singly 
or in combination. 

Icterus. — Carcasses showing an intense yellow or greenish- 
yellow discoloration after proper cooling shall be condemned. 
Carcasses which exhibit a yellowish tint directly after slaughter, 
but lose this discoloration on chilling, may be passed for food. 

Uremia and Sexual Odor. — Carcasses which give off the odor 
of urine or a strong sexual odor shall be condemned. 

Urticaria, Etc. — Hogs affected with urticaria (diamond skin 
disease). Tinea tonsurans, Demodex folliculorum or erythema 



lO MEAT AND FOOD INSPECTION 

may be passed after detaching and condemning the skin, if the 
carcass is otherwise fit for food. 

Melanosis, Etc. — Carcasses of animals showing any disease, 
such as generaHzed melanosis, pseudo-leukemia, etc., which af- 
fects the system^ of the animal, shall be condemned. 

Bruises, Abscesses, Liver Flukes, Etc. — Any organ or part of a 
carcass which is badly bruised or which is affected by malignant 
tumors, abscesses, suppurating sores, or liver flukes shall be 
condemned, but when the lesions are so extensive as to affect 
the whole carcass, the whole carcass shall be condemned. 

Emaciation and Anemia. — Carcasses of animals too emaciated 
or anemic to produce wholesome meat, and those carcasses 
which show a slimy degeneration of the fat or a serous infiltra- 
tion of the muscles shall be condemned. 

Milk Fever and Railroad Sickness. — Carcasses of animals 
showing symptoms of milk fever or railroad sickness at the time 
of slaughter shall be condemned, as the flesh of such animals is 
frequently darker in color and more watery than is natural, and 
the present view of the pathology of at least the first disease 
suggests autointoxication. 

Pregnancy and Parturition. — Carcasses of animals in advanced 
stages of pregnancy (showing signs of preparation), also car- 
casses of animals which have within ten days given birth to 
young and in which there is no evidence of septic infection, may 
be rendered into lard or tallow, if desired by the manager of 
the establishment, otherwise they shall be condemned. 

Immaturity. — Carcasses of animals too im^mature to produce 
wholesome meat, all unborn and stillborn animals, also carcasses 
of calves, pigs, kids, and lambs under three weeks of age, shall 
be condemned. 

Diseased Parts. — In all cases where carcasses showing local- 
ized lesions of disease are passed or rendered into lard or tal- 
low, the diseased parts must be removed before the "U. S. Re- 
tained" tag is taken from the carcass, and such parts shall be 
condemned. 



MEAT AND FOOD INSPECTION II 

Careless Scalding. — Hogs which have been allowed to pass 
into the scalding vat alive shall be condemned. 

Dead Animals. — All animals that die in abattoir pens, and 
those in a dying condition before slaughter, shall be tagged as 
provided, and in all cases shall be condemned. In conveying 
animals which have died in the pens of the establishnient to the 
tank they shall not be allowed to pass through compartments in 
which food products are prepared. No dead animal shall be 
brought into an establishment for rendering from outside the 
premises of said establishment. 

Tuberculosis. — For the guidance in passing on carcasses af- 
fected with tuberculosis the following elaborate principles are 
laid down in the regulations for meat inspection : 

Principle A. — The fundamental thought is that meat should 
not be used for food if it contains tubercle bacilli, if there is a 
reasonable possibility that it may contain tubercle bacilli, or if 
it is impregnated with toxic substances of tuberculosis or as- 
sociated septic infections. 

Principle B. — On the other hand, if the lesions are localized 
and not numerous, if there is no evidence of distribution of 
tubercle bacilli through the blood, or by other means, to the 
muscles or to parts that may be eaten with the muscles, and if 
the animal is well nourished and in good condition, there is no 
proof, or even reason to suspect, that the flesh is unwholesome. 

Principle C. — Evidences of generalized tuberculosis are to be 
sought in such distribution and number of tuberculous lesions 
as can be explained only upon the supposition of the entrance 
of tubercle bacilli in considerable number into the systemic circu- 
lation. Significant of such generalization are the presence of 
numerous uniformly distributed tubercles throughout both lungs, 
also tubercles in the spleen, kidneys, bones, joints, and sexual 
glands, and in the lymphatic glands connected with these organs 
and parts, or in the splenic, renal, prescapular, popliteal, and 
inguinal glands, when several of these organs and parts are co- 
incidentally affected. 



12 MEAT AND FOOD INSPECTION 

Principle D. — By localized tuberculosis is understood tubercu- 
losis limited to a single or several parts or organs of the body 
without evidence of recent invasion of numerous bacilli into the 
systemic circulation. 

The following rule shall govern the disposal of tuberculous 
meat : 

Rule A. — The entire carcass shall be condemned — 

(a) When it was observed before the animal was killed that 
it was suffering with fever. 

{b) When there is a tuberculous or other cachexia, as shown 
by anemia and emaciation. 

{c) When the lesions of tuberculosis are generalized, as shown 
by their presence not only at the usual seats of primary infec- 
tion, but also in parts of the carcass or the organs that may be 
reached by the bacilli of tuberculosis only when they are car- 
ried in the systemic circulation. Tuberculous lesions in any two 
of the following-mentioned organs are to be accepted as evidence 
of generalization when they occur in addition to local tuberculous 
lesions in the digestive or respiratory tracts, including the lym- 
phatic glands connected therewith : Spleen, kidney, uterus, 
udder, ovary, testicle, adrenal gland, brain, or spinal cord or 
their membranes. Numerous uniformly distributed tubercles 
throughout both lungs also afford evidence of generalization. 

{d) When the lesions of tuberculosis are found in the muscles 
or intermuscular tissue or bones or joints, or in the body lym- 
phatic glands as a result of draining the muscles, bones, or joints. 

{e) When the lesions are extensive in one or both body 
cavities. 

{f) When the lesions are multiple, acute, and actively pro- 
gressive. (Evidence of active progress consists in signs of 
acute inflammation about the lesions, or liquefaction necrosis, or 
the presence of young tubercles.) 

Rule B. — An organ or a part of a carcass shall be condemned — 

(a) When it contains lesions of tuberculosis. 

(&) When the lesion is immediatelv adjacent to the flesh, as 



MEAT AND FOOD INSPECTION 



13 



in the case of tuberculosis of the parietal pleura or peritoneum, 
not only the membrane or part affected but also the adjacent 
thoracic or abdominal wall is to be condemned. 

(c) When it has been contaminated by tuberculous material, 
through contact with the floor, a soiled knife, or otherwise. 

(d) All heads showing lesions of tuberculosis shall be con- 
demned. 

(e) An organ shall be condemned when the corresponding 
lymplijatic gland is tuberculous. 

Eule C. — The carcass, if the tuberculous lesions are limited 
to a single or several parts or organs of the body (except as 
noted in Rule A), without evidence of recent invasion of tubercle 
bacilli into the systemic circulation, shall be passed after the 
parts containing the localized lesions are removed and con- 
demned in accordance with Rule B. 

Rule B. — Carcasses which reveal lesions more numerous than 
those described for carcasses to be passed (Rule C), but not so 
severe as the lesions described for carcasses to be condemned 
(Rule A), may be rendered into lard or tallow if the distribu- 
tion of the lesions is such that all parts containing tuberculous 
lesions can be removed. Such carcasses shall be cooked by 
steam at a temperature not lower than 220 degrees Fahrenheit 
for not less than four hours. 

Dyes, Chemicals and Preservatives. — No meat or meat product 
for interstate or foreign commerce shall contain any substance 
which lessens its wholesomeness, nor any drug, chemical or dye 
(unless specifically provided for by a federal statute) or pre- 
servative other than common salt, sugar, wood smoke, vinegar, 
pure spices and salt peter. Inspection is to be conducted in 
such manner and at such times as to secure a rigid enforcement 
of this regulation. However, meats, etc., prepared for export 
may contain preservatives in proportions which do not conflict 
with the laws of the foreign country to which they are to be 
exported. Such meats and meat products, however, must be 



14 



MEAT AND FOOD INSPECTION 



prepared in separate compartments, must be kept separate and 
must be provided with special labels. Products such as meat 
juice, meat extract, etc., which are intended only for medicinal 
purposes, and are advertised only to the medical profession are 
not considered m.eat products within the meaning of the meat 
inspection law. 

False and Deceptive Names. — The regulations issued under the 
latter also provide that any label used on boxes, cans, etc., must 
not by words, picture, design, or device give any false indication 
of origin or quality. Any statement regarding the virtues or 
properties of the material contained in the package that is false 
in any particular is prohibited by law ; for instance, the picture 
of a pig appearing on a label which is placed upon beef product, 
the picture of a chicken appearing upon a label placed upon a 
product composed of veal or pork. Words, as ''Special," "Su- 
perior," "Fancy," "Selected," etc., placed upon products which 
are more inferior than implied by the term used are false and 
deceptive. 

Geographical names must be used only upon foods produced 
and manufactured in the place,- state or territory or country 
named, or if not produced there with such words as "Cut," 
"Type," "Brand," or "Style;" for instance, "English Style 
Brawn," "Bologna Style Sausage," etc. Names indicating or 
imitative of distinctive type or breeds of live stock cannot be 
used unless the product is actually made of the meat from ani- 
mals of those breeds. 

Lards, Lard Compounds and Lard Substitutes. — All tins or other 
containers of lard, lard compounds, or lard substitutes must be 
so marked as to clearly indicate the ingredients from which 
made. Leaf lard must be made from the leaf fat only, and no 
other part of the hog can be added thereto. Kettle rendered or 
kettle lard may be rendered in either open or closed kettles, not 
under pressure, and no live steam must come in contact with 
the product. When labeled- "Open Kettle Rendered," it must 



MEAT AND FOOD INSPECTION 



15 



be rendered in an open kettle. Pure lard, made from sweet, 
clear, and clean hog fat to which not to exceed 5 per cent of 
pure, sweet lard stearin has been added, may be labeled "Pure 
Lard." If lard contains more than 5 per cent of added lard 
stearin, or any per cent of other stearin, the addition must be 
so stated on the label, with the name of the kind of stearin 
used; for example, "Pure Lard with Lard Stearin Added," or 
"Pure Lard with Oleo Stearin Added," or "Lard with Oleo 
Stearm Added," or "Lard with TaHow Added." When the 
word "Pure" is used in connection with the word "Lard," the 
lard must be made only from sweet, clean, clear hog fat. In all 
such cases the lard must equal or exceed in quantity the added 
animal fat. The words "Pure Lard with .... Added," 
cannot be used when any ingredient other than pure, clean 
animal fat is added. The percentage of added stearin or other 
animal fat may be given, if desired. A substance composed of 
lard, stearin, or other animal fat and a vegetable oil may be 
labeled "Lard Compound," but in such case the names of all the 
ingredients must be shown upon the label ; and in all cases the 
proportion of lard must be equal to or greater than any other 
one of the ingredients. In compounds, or lard substitutes, if 
the compound has a distinctive name, the distinctive name may 
be used without the word "Compound," and in all cases the in- 
gredients must be stated on the label. In all cases only sweet 
and clean edible stearin and sweet and clean edible fats shall be 
used. 

Fines Under the Law. — The meat inspection law provides that 
any person, firm or corporation who shall violate any of these 
provisions, shall be deemed guilty of a misdemeanor, and shall 
be punished on conviction thereof by a fine of not exceeding ten 
• thousand dollars, or imprisonment for a period of not more than 
two years, or by both such fine and imprisonment, in the discre- 
tion of the court. Bribing or bribe-taking under the law is 
punishable by from five thousand to ten thousand dollars and 
imprisonment from one to three years, or by both. The pro- 



l6 MEAT AND FOOD INSPECTION 

visions of the meat inspection act do not apply to animals 
slaughtered by any farmer on the farm and sold and transported 
as interstate or foreign commerce, nor to retail butchers and 
retail dealers in meat and meat food products, supplying their 
customers. However, if any person whatever sells for inter- 
state or foreign commerce any meat knowing that it is derived 
from diseased animals, and also knowing that it is intended for 
use as food stuff, he shall, after conviction, be punished by a 
fine of not more than one thousand dollars, or by imprisonment 
not exceeding one year, or by both such fine and imprisonment. 



VETERINARY BOOKS 

Published by 

W. T. KEENER & COMPANY 

90 Wabash Avenue 

CHICAGO 



Text=Book of Comparative General Pathology for 
Practitioners and Students of Veterinary Medicine 

By PROFESSOR Dr. Th. KITT of Munich. Authorized Trans= 
lation by Dr. William W. Cadbury, Assistant Demonstrator of 
Pathology in the University of Pennsylvania. Edited with Notes 
and Additional Illustrations by Dr. Allen J. Smith, Professor of 
Pathology in the University of Pennsylvania. Illustrated with 
Four Colored Plates and One Hundred and Thirty =one Text 
Illustrations. 8vo. Cloth, $5.25 net. 

Fried berger and Frohner's Veterinary Pathology 

(Authorized Translation) by M. H. HAYES, F. R. C. V. S., Author 
of "Points of the Horse," etc. Edited by John Dunstan, M, R. C. 
V. S., Professor of Surgery and Therapeutics at the Royal (Dick ) 
Veterinary College, Edinburg. Revised Edition 1908. Two 
volumes. 8vo. Price per set, cloth, $8.00 net. 

To insure latest edition of Friedberger and Frohner ask for 
Keener's. 

Strangeway's Veterinary Anatomy 

Eighth Edition. Revised and Edited by 1. VAUGHAN, F. L. S., 
'F. Z. S. , Fellow of , and Examiner on Comparative Anatomy to, 
the Royal College of Veterinary Surgeons; Late Lecturer on Anat= 
omy and Zoology at the New Veterinary College, Edinburgh. 
8 vo., Profusely Illustrated. Cloth, $5.00 net. 

To insure latest and only autiiorized edition ask for Keener's. 



Notes on BIood=Serum Therapy, Preventive In= 
oculation and Toxin and Serum Diagnosis 

For Veterinary Practitioners and Students. By WALTER JOW= 
ETT, F. R. C. V. S., D. V. H., formerly Demonstrator of Com= 
parative Pathology and Bacteriology in the University of Liver= 
pool. Illustrated. Cloth, $1.75 net. 

Practical Agricultural Chemistry 

A Manual of Qualitative and Quantitative Analysis for Agricult= 
ural Students. By FREDERICK D. S. ROBERTSON, F. C. S., 
Member of the Society of Public Analysts; Member of the Society 
of Chemical Industry; Lecturer on Chemistry, Western Medical 
School, Glasgow; Consulting Chemist. 
(8x5i inches). X+ 210 pages. Price, Cloth $2.00 net 

Animal Dentistry and Diseases of the Mouth 

Being Volume One of Veterinary Surgery. By LOUIS A. 
MERRILLAT, V. S., Professor of Veterinary Surgery in the 
Chicago Veterinary College, etc. etc. 
261 pages, 8vo., with 160 illustrations. Cloth, $3.00 net. 

Surgical Diseases of the Dog and Cat 

With Chapters on Anaesthetics and Obstetrics (Second Edition 
of Canine and Feline Surgery.) By FREDERICK T. Q. HOBDAY, 
F. R. C. V. S., F. R. S. E., Member of the Board of Examiners of 
the Royal College of Veterinary Surgeons; Late Professor in the 
Royal Veterinary College, London; Consulting Veterinary Surgeon 
to the British Bulldog and Griffon Bruxellois Clubs; Honorary 
Veterinary Surgeon to the Ladies' Kennel Association, the Fox 
Terrier Club, etc. One Vol., 366 pages, 5fx8| inches, with 241 
illustrations. Cloth, $3.25 net. 

Trypanosomes and Trypanosomiases 

By A. LAVERN, Membre De L'lnstitute, et De L'Academia de 
Medecin, Paris, and F. MESNIL, Chef de Laboratoire A L'Institut 
Pasteur. Translated and much enlarged by DAVID NABARRO. 
M. D., B. Sc, D. P. H., London, Member of the Royal College of 
Physicians, London; Assistant Professor of Pathology and 
Bacteriology, University College, London, Scientific Assistant in 
Pathology at the University of London; Royal Society Commis= 
sioner for the Study of Sleeping Sickness in Uganda, 1903. With 
Colored Plate and Eighty=one Figures in the Text. 
(10x6 inches). XIV+538 Pages. Price $7.50 net. 



Meat and Food Inspection 

By WM. ROBERTSON, M. D., D. P. H. F. P. S., Medical Officer of 
Health, Leith; with a Legal Section by R. H. MILLER, S. S. C, 
and Regulations Governing Meat Inspection in the United States, 
by MAXIMILIAN HERZOQ, M. D., Professor of General and 
Comparative Pathology in the Chicago Veterinary College; Path= 
ologist to the Michael Reese Hospital; Expert of the Chicago 
Stock Yards Investigation Commission of the Illinois Manufact^ 
urers and fhe Commercial Associations; Late Pathologist to the 
Bureau of Science, Manila, Philippine Islands. Dr. Herzog's Di= 
gest is based upon the Regulations issued by the U. S. Depart= 
ment of Agriculture in force April i, 1908. One volume, 8 vo., 
illustrated. Cloth, $3.50 net, post or express prepaid. 



Essentials of Physiology for Veterinary Students 

By D. NOEL PATON, M. P., B. Sc, F. R. C. P. Ed. Second 
Edition Revised and Enlarged. 8 vo. Illustrated. Cloth, $3. 00 net. 



The Horse— ^Its Selection and Purchase 

Together with the Law of Warranty, Sale,, etc. By FRANK 
TOWNSEND BARTON, M. R. C. V. S., Author of "The Practice 
of Equine Hedicine," "Our Friend the Horse," "The Age of the 
Horse," "The Veterinary flanual," "Breaking and Training 
Horses," etc. Illustrated. Cloth, $2.50 net. 



CONTENTS 

Chapters I, External Conformation of the Horse; II, The Sire or Cart 
Horse; III, The Suffolk Horse; IV, The Hackney or Harness Horse — 
Ponies; V, The Action of Horses; VI, The Age of the Horse; VII, Vice; 

VIII, Epitome of the Regions to be Examined for Evidence of Disease ; 

IX, Causes of Unsoundness; X, General Hints relating to Buying; XI, 
Hints Relating to Selling; XII, Warranty; XIII, Breach of Warranty; 
XIV, Horse Repositories and Auctions; XV, Buying at Fairs and in 
Market Overt — Recoveiy of Stolen Horsee; XVI, Sunday Dealings; 
XVII, Warranty and Representation — ^Warranty and Representation 
Combined; XVIII, Unsoundness and Vice. Typical Actions at Law- 
Relating to the Sale and Purchase of Horses; General Index; Index to 
Actions at Law. 













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